Effective date: January 1, 2023 (to present)

Introduction

This Website is owned and operated by COTC Inc. (“Company”, “we”, “us” or “our”), and “website” includes all subpages and services provided by COTC Inc. We want you to understand what information we gather about you, how we use it, and the safeguards we have in place to protect it.  For purposes of this Policy, “you” or “your” means the person(s) using the website www.creamofthecropleaders.com and any page thereof, including but not limited to any information transmitted and collected through your account (the “Website”), or any services offered or provided by the Company (the “Services”), including any employees or agents acting on your behalf, both in such person’s individual capacity and in such person’s capacity as an employee or agent of another individual or entity, if applicable.

This privacy policy (this “Policy”) applies to information that we collect through the Website, in conjunction with our provision of the Services (including via email, text, or other electronic message), or otherwise by the Company. This Policy does not apply to information collected by any third party (including third parties with whom you interact through the Website or in connection with the Services).

Please read this Policy carefully. By using the Website or the Services, you consent to this Policy and agree (on behalf of yourself and any individual or entity of which you are an employee or agent) that we may use and disclose information about you in the manner described below. This Policy may change from time to time, and your continued use of the Website or Services is deemed to be acceptance of any such changes.

Table of Contents

  • Information We Collect
  • How We Collect Your Information
  • How We Use Your Information
  • Disclosure of Your Information
  • Your Choices Regarding Our Use and Disclosure of Information
  • Data Security
  • How Long We Keep Information
  • Right to Examine Information
  • State-Specific Rights
  • Changes and Updates to this Policy
  • Children Under the Age of 18
  • Miscellaneous

Information We Collect

The Company may collect personally identifiable information that can identify you such as your name, address, telephone number, e-mail address and EIN or Social Security Number (“Personally Identifiable Information” or “PII”). The Company may also collect information that does not identify you, such as demographic data, data about your online activity, information about your internet connection or equipment you use to access the Website (“Non-Personally Identifiable Information” or “Non-PII”). The Company may also collect and store information that you provide to it about other people (such as co-borrowers, guarantors, affiliates, parents, subsidiaries, and family members), including their respective names, addresses, telephone numbers, mobile devices, email addresses and EINs or Social Security Numbers (any such information, along with PII and Non-PII, the “Information”).

How We Collect Your Information

The Company collects Information about you in the following ways:

  • Directly from you in connection with inquiring about or otherwise utilizing the Website or the Services;
  • Automatically as you navigate the Website, including through cookies, web beacons and other internet technologies to collect information from your computer(s) and browser about your activities on our website; and
  • From third parties with whom you interact via the Website or to whom the Company is authorized to disclose Information in performance of the Services.

Information We Collect Automatically

We also collect and store information that is generated automatically as you navigate the Website and the Services. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Services. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Services. Cookies are small files that your web browser places on your hard drive or mobile device for record-keeping purposes. By showing how and when visitors use the Services, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Services where you may have entered preference information before. The Services also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Services or open HTML-formatted email messages. We may also collect certain information from your mobile device, such as device and usage information that may include information that is specific to your mobile device (e.g. make, model, operating system, advertising identifier and similar information; (ii) information about your use of features, functions or notifications on the device; and (iii) signal strength relating to Wi-Fi or Bluetooth functionality, temperature, battery level, and similar technical data.

Specific Disclosure of Third-Party Data Collection Technologies

In operating our business, we use certain third-party analytical services, including but not limited to Google Analytics Advertiser Features.  Advertiser features include: Remarketing with Google Analytics; Google Display Network Impression Reporting; DoubleClick Platform integrations; Google Analytics Demographics and Interest Reporting, among others.

By enabling these features, certain third parties require us to disclose the use of these features to our users and, specifically, that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Services. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. In particular, the “Remarketing” feature allows us to reach people who previously visited our Services and match the right audience with the right advertising message.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/. Because those opt-out and preference control pages are specific to the individual browser used to visit it, and because that page is not operated by the Company, we are unable to perform the opt-outs on your behalf.

Although we do not control third parties’ collection or use of your information to serve interest-based advertising, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

How We Use Your Information

The Company may use your Information to:

  • Present the Website and deliver the Services to you, including providing customer support to you;
  • Communicate with you about the Services or the Website, including any changes thereto;
  • Inform you of additional services offered by us or our affiliates;
  • Manage your relationship with the Company, including to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • Analyze your use the Services and the Website in order to optimize the Company’s business and performance;
  • Compile aggregated statistics;
  • Evaluate interest from third party service providers with whom you may be interested in doing business, specifically regarding information that you affirmatively submit to us regarding potential services;
  • Comply with any legal obligation; and
  • For any other reason described to you at the time of collection.

Disclosure of Your Information

We may disclose aggregated statistics (or other information that does not identify any particular individual or entity) about our users, our industry, market analytics, and related topics without restriction.

We may disclose Information as follows:

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties we use to support our business or that we believe may be a better fit for the services you are seeking;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company or our Website users is among the assets transferred;
  • To fulfil the purpose for which you provide it, including but not limited to by making authorized disclosures to third parties for purposes of performing the Services;
  • For any other purpose disclosed by us when you provide the information;
  • With your consent;
  • To government or regulatory authorities as we reasonably believe is necessary;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To investigate, prevent or take other action regarding actual or suspected illegal activity or other wrongdoing;
  • To enforce or apply our terms of use or any other agreement between you and the Company, including for billing purposes; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our agents and affiliates, our customers, or others.

PLEASE NOTE that, once the Information is disclosed to a third party, such party’s use of the Information is outside the scope of this Policy. Such parties may use and may retain or use such Information whether or not you choose to transact business with such party. You should contact such party directly concerning its respective privacy and information sharing practices and policies.

You should also be aware that the Website may contain links to other websites owned and operated by third parties. Should you submit any Information to such parties, whether directly or automatically by interacting with the link or website, such third parties’ use of such Information is outside the scope of this Policy.

Your Choices Regarding Our Use and Disclosure of Information

Some of the ways in which we use and disclose your Information are necessary to our performance of the Services. However, if you wish to modify your preferences about the Company’s ability to contact you about additional services offered or other discretionary preferences, you may email us. All of the messaging or emails that are sent to you by us also include an unsubscribe link, which will allow you to remove yourself at any time from our mailing list.

You also can limit the Information we collect automatically. If you wish to limit the extent to which we use tracking technologies, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Please note that, depending on your location, you may have specific privacy rights due to state-specific regulations. To make a request under any such regulation, please email us.

Data Security

The Company utilizes security measures that are standard in the industry (including physical, electronic and procedural measures) to help safeguard your Information from unauthorized access and disclosure. Your Information is stored at the server that delivers our content and messaging through the Services. In addition, we require employees to comply with information security safeguards, we use encryption in the transmission of your PII between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your PII.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Because no system can be completely secure, the Company cannot, and does not, guarantee that your PII or other Information will always remain secure. As such, any transmission of Information, including PII, is at your own risk.

How Long We Keep Information

Subject to the data security and other disclaimers set forth in this policy, we will keep your Information for as long as is necessary for you to obtain the benefit of the Services. Thereafter, we consider several factors to determine how long we keep your Information. We consider the amount, nature, and sensitivity of the Information, your preferences regarding Information as communicated to us in writing, the potential risk of harm from unauthorized use or disclosure of your Information, the purposes for which we process your Information and whether we can achieve those purposes through other means, and our contractual and other legal requirements. When we do destroy your Information, we will securely destroy it in accordance with applicable laws and regulations.

Right to Examine Information

You have the right to examine any of your PII that we collected over the previous twelve months. Should you wish to examine such information, please email us a written request. We reserve the right to charge you a reasonable administrative fee to access your information, as permitted by applicable law. In certain cases, we may not be able to provide you with access to all of your PII. We may decline to process requests that are frivolous, relating to information also pertaining to the PII of another individual, are unreasonable, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier.

State-Specific Rights

The California Consumer Privacy Act provides Customers located in California with specific access and deletion rights regarding the personal information about you that we collect, use, and disclose. For more information regarding your California rights, please see the Privacy Policy for California Residents.

You may also have additional rights under Nevada Revised Statutes Chapter 603A and other regulations specific to you by virtue of your jurisdiction. You may exercise any such rights by email us.

Changes and Updates to this Policy

The Company reserves the right to update or modify this Policy to reflect changes to how the Company collects, uses and/or shares Information. This Policy will reflect the date it was last updated. If the Company makes any material changes to this Policy, you will be notified before their implementation either by a prominent posting of a notice of such changes on your Account homepage or by sending you electronic notification of such changes. Please check this Policy whenever you use or access the Website or utilize the Services in order to ensure that you are aware of any changes in the Company’s practices. Your continued use of the Website or the Services will constitute your acceptance of the changes to this Policy.

Children Under the Age of 18

Neither the Website nor the Services is intended for children under the age of 18.  The Company does not knowingly collect personal information from users under the age of 18. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 18, we will delete such information from our records. To find more information about the Children’s Online Privacy Protection Act (COPPA), view the FTC website at www.ftc.gov.

Miscellaneous

This Policy is intended to cover collection of information on the Website from residents of the United States. If you are visiting the Website from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where the Company’s servers are located and the Company’s central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using the Website or the Services, you understand that your information may be transferred to the Company’s facilities and those third parties with whom the Company shares Information, as described in this Policy.

This Policy does not create rights enforceable by third parties or require disclosure of any PII.

If you have any questions about this Policy or the Company’s information-handling practices generally, please contact the Company by email.

Privacy Policy for California Residents

This Privacy Policy for California Residents supplements the information contained in the COTC Inc.’s (the Company) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

  1. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

  1. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

  1. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

  1. Commercial information.

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

  1. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Yes.

  1. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

  1. Geolocation data.

Physical location or movements.

  1. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

  1. Professional or employment-related information.

Current or past job history or performance evaluations.

  1. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

  1. Inferences drawn from assessments, surveys, assignments and other personal information.

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

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use or disclose the personal information we collect for any of the reasons set forth in the Privacy Policy under “How We Use Your Information.”

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, the Company has disclosed personal information for a business purpose as set forth in the chart below.

Personal Information Category

We do not sell personal information.

Category of Third-Party Recipients (Business Purpose + Sales Disclosures)

Business Purpose Disclosures: Yes to each of these

  • A: Identifiers.
  • B: California Customer Records personal information categories.
  • C: Protected classification characteristics under California or federal law.
  • D: Commercial information.
  • E: Biometric information.
  • F: Internet or other similar network activity.
  • G: Geolocation data.
  • H: Sensory data.
  • I: Professional or employment-related information.
  • J: Non-public education information.
  • K: Inferences drawn from other personal information.

Sales Disclosures: Yes to each of these

  • A: Identifiers.
  • B: California Customer Records personal information categories.
  • C: Protected classification characteristics under California or federal law.
  • D: Commercial information.
  • E: Biometric information.
  • F: Internet or other similar network activity.
  • G: Geolocation data.
  • H: Sensory data.
  • I: Professional or employment-related information.
  • J: Non-public education information.
  • K: Inferences drawn from other personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

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 (the “right to know”). Once we receive your request and confirm your identity, 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 or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide a right to know or data portability disclosure for written or verbal business-to-business communication (“B2B personal information”).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

We do not provide these deletion rights for B2B personal information.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please email us.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information.
  • 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.

You do not need to create an account with us to submit a request to know or delete. [However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.]

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us again at the email address listed above.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

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

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.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the email address listed above.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to email us or www.creamofthecropleaders.com.

If you need to access this Policy in an alternative format due to having a disability, please email the address listed above.

A: 19201 Sonoma Highway, #190, Sonoma, CA 95476

P: +1 (707) 939-8181