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TERMS OF SALE

Earthaus Plaster LLC Terms and Conditions of Sale
Last Updated 28 March 2024

OVERVIEW
This website is operated by Earthaus Plaster LLC  (“Seller”). Throughout the site, the terms “we”, “us” and “our” refer to Seller. By purchasing any product from us (each a “Product” and collectively the “Products”), you as buyer (the “Buyer” and “you”) agree to be bound by the following terms and conditions (“Terms of Sale” or “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. If these Terms of Sale are considered an offer, acceptance is expressly limited to these Terms.

You can review the most current version of the Terms of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



SECTION 1 –  GENERAL CONDITIONS OF SALE; NO WARRANTY
Buyer understands that the Products are based on naturally occurring minerals, and as such there may be natural variations in appearance, color, and texture. Buyer acknowledges its responsibility to determine the suitability of the Products for the specific conditions and applications of the intended use. Any Seller recommendations for the use of the Products are based on typical or stated conditions. 

Buyer agrees to pay the listed price for the Products, and any taxes and shipping or delivery costs identified at the point of sale or in any written contract or invoice from Seller. 

Buyer agrees that it is responsible for the use of the Products and assumes all consequences thereof. Seller makes no warranties regarding the Products, and no guarantee, either express or implied, regarding the Products or any results from use thereof. Buyer agrees to comply with all laws and regulations applying to purchase and use of the Products.  


SECTION 2 – QUALITY OF PRODUCTS; DEFECTIVE PRODUCTS
Seller will use all reasonable efforts to ensure that the Products conform to published specifications current at the time of delivery. Seller reserves the right to change such specifications from time to time. Buyer must notify Seller in writing within 30 days of delivery if any of the Products do not correspond with their specifications. Buyer should not use any such Products that deviate from their specifications and should keep and store them until further instruction from Seller. Seller may require Buyer to return the defective Products or a sample thereof to Seller for inspection. If Seller determines the Products or any portion thereof are defective, Seller may replace the defective portion of the Products or reimburse the Buyer for such portion, at the option of Seller.  

Seller has no liability to the Buyer for defective or allegedly defective Products except as stated herein. Buyer agrees that Seller has no liability to Buyer for any claimed defect or abnormality related to normal wear and tear, any alteration of the Products (including without limitation mixing with other materials), or failure to prepare, apply, or store the Products in accordance with any guidance or instruction provided by Seller, any of which may affect the suitability and quality of the Products. 



SECTION 3 – LIMITATION OF LIABILITY 
Except as prohibited or limited by applicable law, Seller shall not in any circumstances be liable for loss of profits, loss of business opportunity, loss of goodwill, loss of goods, or for any special, indirect, consequential, incidental, or punitive damages, however caused and regardless of the theory of liability, arising in any way out of these Terms or the purchase of the Products. Seller’s total liability arising out of these Terms or the sale of the Products the Products shall be limited to the price paid for the Products. 


SECTION 4 – DELIVERY
Seller shall not be liable for any loss or damage, howsoever arising, from delay in or damage to Products during transit or delivery. Buyer shall pay the shipping or delivery expenses shown at the point of sale, and is responsible for correctly identifying the delivery address and location. 


SECTION 5 – TITLE AND RISK OF LOSS
Risk of loss for the Products transfers to the Buyer immediately upon shipment by Seller. Buyer has sole responsibility to insure the Products against all risks that could be incurred from and during transit. In the event of Products lost or damaged in transit, Buyer shall notify the relevant carrier or its agent thereof. 

Seller retains ownership of the Products until receipt of payment in full. Before ownership of the Products passes to the Buyer, the Buyer shall keep the Products readily identifiable, and may be required to return the Products on demand. Buyer agrees that Seller may enter the Buyer’s premises, and any other address where the Products are located, at any time to recover the Products. Products recovered shall be credited against all sums owing by the Buyer to the Seller, including costs of recovery, as the Seller may determine.


SECTION 6 – INTELLECTUAL PROPERTY RIGHTS 
All patents, trademarks, trade names, copyrights, designs, packaging, and any other intellectual property owned by or related to Seller or the Products is and shall remain the property of the Seller. Buyer shall not chemically analyze or reverse engineer the Products for the production of similar or equivalent products. 


SECTION 7 – JURISDICTION 
These Terms shall be construed in accordance with the laws of the State of Minnesota excluding its conflict of law provisions. Buyer agrees to sole venue in the state or federal courts located in St Louis County, Minnesota, and each party hereby consents to the jurisdiction of such courts over itself in any action relating to these Terms or the Products. The prevailing party shall be entitled to payment by the non-prevailing party of its reasonable attorneys’ fees in any such suit, action or proceeding.


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TERMS OF SERVICE

Earthaus Plaster, Terms and Conditions of Service
Last updated 28 March 2024


OVERVIEW
This website is operated by EARTHAUS PLASTER (“Seller”). Throughout the site, the terms “we”, “us” and “our” refer to Seller. Seller offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, or by purchasing products from us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions stated herein, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1  –  ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or other jurisdiction of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your use of the Services.


SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Terms and Conditions of Sale. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.


SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant to us a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display or otherwise use such comments, and agree that we have the right, but not the obligation, at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments; or (4) to use any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 – PERSONAL INFORMATION AND ELECTRONIC COMMUNICATION
Your submission of personal information through the store is governed by our Privacy Policy. 

When you use the Service, submit a message through our contact page, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on our website. You agree that we may treat specific actions by you, such as checking boxes to receive email updates or sending us an email directly or through the website, as a request that we share information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in our Privacy Policy.


SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth herein, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Seller, our directors, officers, owners, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seller and our parent, subsidiaries, affiliates, partners, owners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party based on, due to, or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.


SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).


SECTION 17 – ENTIRE AGREEMENT
Any failure by Seller to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services or products shall be governed by and construed in accordance with the laws of the State of Minnesota. The laws of your jurisdiction may be more or less strict than the laws of the State of Minnesota and the laws of the United States. If you access the Service from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. Regardless of where you access the Service, you agree that any action at law or equity arising out of or related to the Service or these Terms shall be filed and adjudicated only in the state or federal courts located in Saint Louis County, Minnesota, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Service or these Terms. The prevailing party shall be entitled to payment by the non-prevailing party of its reasonable attorneys’ fees in any such suit, action or proceeding.


SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@earthausplaster.com


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PRIVACY POLICY

Last updated 28 March 2024
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.earthausplaster.com (the “Site”).


PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.


HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

We also use Device Information to help run online advertisements including retargeting ads.


SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store – you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site – you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. To the extent that such sharing may be defined as a ‘sale’ under the CCPA, you also have the right to opt out of the sale of your information here: Do Not Sell My Personal Information.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.


BEHAVIORAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using these links: Facebook: https://www.facebook.com/settings/?tab=ads, Google: https://www.google.com/settings/ads/anonymous,  or Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.


DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


CALIFORNIA PRIVACY RIGHTS
We process your personal information in accordance with the California Consumer Privacy Act (“CCPA”). The CCPA became effective on January 1, 2020 and creates a variety of privacy rights for California consumers. While we are using this CCPA section of our privacy policy to make disclosures required by the CCPA, we share this information with, and provide the same privacy rights to, all of our United States customers.

Personal Information We Collect

You have the right to know what kinds of personal information we collect and our business purposes for that collection. We make this information available to you in the “Categories of Information We Collect” section of the privacy policy. You also have the right to know how personal information is obtained, how it is used, and our business purposes for that use. We make this information available to you in the “How Do We Use Your Personal Information?” section of the privacy policy.

You have the right to know if we share your personal information with any third parties. We may share personal information have our service providers perform services by written contract. In addition, we may share personal information with third parties for other notified purposes, as permitted by the CCPA. For example, we share your personal data with your consent or to complete any transaction or provide any product you have requested or authorized. For more information on how we share your personal information, refer to the “Sharing Your Personal Information” section of the privacy policy.

You have the right to know whether your personal information is being sold. Your personal information is sold when it is shared with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as set forth in the CCPA. We do not sell your personal information. 

Rights to Personal Information

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you;The categories of sources for the personal information we collected about you;Our business or commercial purpose for collecting that personal information;The categories of third parties with whom we share that personal information; andThe specific pieces of personal information we collected about you.

You have the right to request that we delete any of your personal information that we collected from you and retained. Once we receive and confirm your verifiable consumer request (discussed more below), we will delete your personal information from our records, unless we need the personal information to:

Provide a good or service requested by you;Provide a good or service reasonably anticipated within the context of our ongoing business relationship with you;Detect security incidents or malicious or illegal activity;Debug or repair existing intended functionality;Exercise, or allow you to exercise, free speech or another legal right:Enable internal uses that are reasonably aligned with your expectations based on your business relationship with us;Engage in certain scientific research;Comply with a legal obligation; orUse the personal information internally in a lawful manner compatible with the context in which you provided the personal information to us.

Requests to Exercise Your Rights

You may request to exercise the foregoing rights by submitting a request to us by calling, writing or emailing us at:

Earthaus Plaster
PO Box 3841
Duluth, MN 55803 
support@earthausplaster.com
1-800-917-2414 

Once a request is received, your identity will need to be verified. To accomplish this please provide the email address and phone number you have previously used when interacting with us. This information will be used to verify your identity and process your request. We will confirm request received by email to the account provided.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative,  and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), then we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We will select a format to provide your personal information that is readily useable.


We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination and Financial Incentives

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.Provide you a different level or quality of goods or services.Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

The CCPA permits businesses to provide differing levels or quality or different prices where the business can demonstrate that the difference is reasonably related to the value to the business of the consumer’s personal information.


The CCPA allows businesses to offer consumers financial incentives for sharing personal information. For example, a business can offer a rewards program or provide a premium service to consumers as compensation for their personal information. Where we offer such programs, your participation is optional, your participation is subject to any applicable terms, and you may withdraw at any time.

California Online Privacy Protection Act Notice

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet uniform. For this reason, our website does not currently interpret, respond to or alter their practices when they receive Do Not Track signals. Please note that third parties may collect personal information about your online activities over time and across different websites when you visit our website or other online websites and services. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.


CHILDREN’S PRIVACY
Our services are not directed to or intended for use by minors. Consistent with the requirements of applicable law, if we learn that we have received any information directly from a minor without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use our services and subsequently will delete that information


YOUR RIGHTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.


DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.


CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.


CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at ADDRESS or mail at ADDRESS.

Earthaus Plaster
PO Box 3841
Duluth, MN 55803 
support@earthausplaster.com
1-800-917-2414