Privacy Policy

This site is operated by Misery & Mayhem LLC, and its affiliates, subsidiaries, and parent companies (hereafter collectively referred to as “we,” “us,” and “our” through this Policy).  This Policy (this “Policy”) is designed to advise you about how your Personal Information (as defined below) is collected, used, and shared when you visit or make a purchase from any of our websites and online services, including, without limitation, https://miseryandmayhem.com/ and our , Instagram, Twitter and other social media or interactive pages that link to this Policy (collectively, the “Site”). By visiting the Site, ordering our products or using our services, you are accepting the practices described in this Policy, as modified from time to time by us in our sole discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check back from time to time so you are aware of any changes or updates to this Policy.

1. What Information is Collected.

[When you visit the Site, we automatically collect certain information about your device, including information about your web browser, internet protocol (IP) address, time zone, and some of the cookies that are installed on your device, and, 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 (collectively, “Device Information”). We may also collect information from and about you which may be considered “Personal Information” as defined under the applicable laws which identifies you or your device or is reasonably associated with you. We may also collect data including, but not limited to, government identifiers, precise geolocations, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sex life and/or sexual orientation (collectively, “Sensitive Personal Information”). Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain other personally identifying data and information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number (collectively, “Order Information”).] When used in this Policy, “Personal Information” shall refer collectively to Device Information, Sensitive Personal Information and/or Order Information.

[You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”), for example, when you post a review about our products.] Please be aware that your User Contributions are available to the general public and therefore are posted on the Site and transmitted to others at your own risk, as we cannot control the actions of other users of the Site who will have access to your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed and/or used by unauthorized persons.

We collect certain aggregated information from our users when they visit the Site.  Aggregated information does not relate to a single, identifiable visitor.  It tells us how many users visited the Site or the pages accessed.

We also collect certain non-personal information when you visit the Site.  Non-personal information is about you but individually does not identify you personally, such as information that relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, your household or device.  Without limiting the generally of the foregoing, [non-personal information we collect includes information about your internet connection, the equipment you use to access the Site, usage details, browser used, length on the Site, and your IP address.] 

2. How Information is Collected. 

[When using the Site, we may collect your Personal Information through the use of cookies, log files, web beacons, tags, pixels or other technology.]

A. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.  [We may use cookies to retarget via Facebook, Instagram and other social media.] For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

B. “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.

C. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

3. How Your Personal Information Is Used.

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: 

• For the purposes for which you provided it;  

• Provide, maintain and improve the Site and our products;

• Respond to your comments, questions and requests and provide customer service;

• To process and respond to your inquiries;

• When in line with the preferences you have shared with us, to send you alerts or other communications via SMS messages or other media or networks;

• For internal research and reporting;

• Monitor and analyze trends, usage and activities in connection with the Site;

• Detect, investigate and prevent illegal activities and protect our rights and property;

• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; 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 (in particular, your IP address), to help us screen for potential risk and fraud, and more generally to improve and optimize the 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 may offer you the ability to receive newsletters or marketing periodically by email about our products and services, and the products and services of our affiliates.  You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.  In the event you opt-into receiving SMS/MMS marketing messages from us, such programs shall be governed by our Terms of Service.]

4. Sharing Your Personal Information.

In general, the third-party service providers who operate certain content and features of the Site will only collect, use and disclose your Personal Information to the extent necessary to allow them to perform the services they provide to us.  

However, our third-party service providers may have their own privacy policies applicable to the information we are required to provide to them for your purchase-related transactions. For more information about how our service providers use and collect information, please see: 

• Facebook Terms of Service: https://www.facebook.com/terms.php

• Instagram Terms of Use: https://help.instagram.com/581066165581870 

• LinkedIn Terms of Service: https://www.linkedin.com/legal/l/service-terms 

• X Terms of Service https://x.com/en/tos 

• TikTok Terms of Service https://www.tiktok.com/legal/page/us/terms-of-service/en 

Note, that in addition to using the information collected through the Site to provide the services we request, third-party service providers operating certain content or applications on the Site may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site, which may be associated with your Personal Information, or to collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  

Also note that certain third-party service providers may be located in or have facilities that are located in different jurisdictions. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  

Please also keep in mind that if you leave the Site or are redirected to a third-party website or application, you will be subject to the terms of such third-party website and you are no longer governed by this Policy or our Terms of Service, even if you accessed the third-party website through a link on the Site.

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

5. 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. 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/.

6. Our “Do Not Track” Policy.

Although we respect and value your privacy, please note that we do not alter the Site’s data collection and use practices when we see a do-not-track signal from your browser.

7. Your Rights for Residents Outside of the United States.

If you are a European Economic Area (“EEA”), United Kingdom or Switzerland resident, your privacy rights are not governed by this Policy, but instead are governed by the following policies:

1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of the Site.  We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; (3) as necessary to comply with a legal obligation to which we are subject; and (4) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy. 

2. Right to lodge a complaint: Users that reside in the EEA, United Kingdom or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here link: https://edpb.europa.eu/about-edpb/board/members_en.

3. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third-party country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

4. Individual Rights: If you are a resident of the EEA, United Kingdom or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.

1. The right to request access to your data. You have the right to access, update, or delete the data we collect from you. Whenever made possible, you can access, update, or request deletion of your data by contacting us in accordance with Section 13 of this Policy. This right also enables you to receive a copy of your data.

2. The right to request data correction. You have the right to have any incomplete or inaccurate information we collect from you corrected by us.

3. The right to request data erasure. You have the right to have your data erased from the Site if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing of such data. 

4. The right to request data transfer. We will provide to you, or to a third-party you select, the data we collect from you in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

5. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

6. The right to withdraw your consent. You have the right to withdraw your consent to us using your data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Sites.

Additionally, if you are a visitor to the Site or other online products and services from outside the United States, please 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 described above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.  By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.  

8. Your Rights Under State Law.

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. 

[To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.]  

[To learn more about Colorado residents’ privacy rights, visit  https://coag.gov/resources/colorado-privacy-act/  

[To learn more about Virginia residents’ privacy rights, visit https://law.lis.virginia.gov/vacodefull/title59.1/chapter53/   

[To learn more about Utah residents’ privacy rights, visit https://dcp.utah.gov/ucpa/ 

[To learn more about Connecticut residents’ privacy rights, visit https://portal.ct.gov/ag/sections/privacy/the-connecticut-data-privacy-act#:~:text=What%20Rights%20can%20Connecticut%20Residents,sale%20of%20their%20personal%20data; 

[To learn more about Nevada residents’ privacy rights, visit https://www.leg.state.nv.us/division/legal/lawlibrary/nrs/NRS-603A.html 

To the best of our knowledge, we do not meet any of the legal thresholds which would subject us to the California Privacy Rights Act (“CPRA”). In the event we do meet the legal threshold which would subject us to the CPRA, we shall act in accordance with the CPRA. 

9. Our Data Retention Policy.

When you place an order through the Site, we will maintain your Order Information for our records unless and until you request we delete your Personal Information in accordance with this Policy.  As an exception, we will not delete your Personal Information where we still have a legitimate interest to use your Personal Information, such as enforcing our Terms of Service, resolve disputes, or otherwise comply with legal requirements. In any event, your retained Personal Information under this Section 9 shall not be used for any other purpose.  For the avoidance of doubt, we shall not retain your Personal Information longer than necessary for the purposes outlined in this Policy. 

10. Changes to Our Privacy Policy.

We reserve the right to update or otherwise change this Policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons.  Any such updates or changes will be effective immediately upon being posted, unless otherwise stated in the change.

11. Trademark Rights.

We and our affiliates, licensors and content providers are the owners of all the trademarks used on the Site.  Third parties are not allowed to sell products that use or apply any of our trademarks, logos and identifying marks without our express written consent.

12. Children’s Guidelines.

Visitors under eighteen (18) years of age should not submit or post any information on the Site.  Without limiting the foregoing, the Site is not intended for children under thirteen (13) years of age.  No one under the age of thirteen (13) may provide any information to or on the Site.  We do not knowingly collect personal information from children under the age of thirteen (13).  If you are under thirteen (13), do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.  If we learn we have collected or received Personal Information from a child under the age of thirteen (13) without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under thirteen (13), please contact us at 93 Woodside Drive, San Anselmo, CA 94960.

California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Your Rights Under California Law above for more information.

13. 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 support@miseryandmayhem.com or by mail at the address below: 

Misery and Mayhem, LLC

611 South DuPont Highway Suite 102,

Dover, DE 19901

We urge you to also carefully read our Terms of Service for more information on the use of the Site.

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CCPA:

Privacy Policy for California Residents

Last Updated: December 12, 31, 2024

This Privacy Policy (this “Policy”) for California Residents supplements the information contained in the Privacy Policy of Misery and Mayhem, LLC (the “Company” or “we”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). The Company has adopted this Policy to comply with the California Consumer Privacy Act of 2018 (as may be amended from time to time, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect. 

Our website (“Website”) collects 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”). 

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

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.

[We do not sell Personal Information.]

Our Website obtains 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; and/or

• Other providers such as search networks (Google) and social networks (Meta, X, Tiktok, etc).

Use of Personal Information

We use the Personal Information we collect through our website: 

• [To fulfill or meet the reason you provided the information, for example, if you share your name and contact information or ask a question about our products or services, we will use that personal information to respond to your inquiry; if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery; we may also save your information to facilitate new product orders or process returns;

• To provide, support, personalize, and develop our Website, products, and services;

• To create, maintain, customize, and secure your account with us;

• To process your requests, purchases, transactions, and payments and prevent transactional fraud;

• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;

• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);

• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;

• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services;

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

• As described to you when collecting your personal information or as otherwise set forth in the CCPA; and

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets or equity, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.]

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, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

[Note: For each Personal Information Category (PIC) below, please indicate whether the Company has disclosed such category of information for a business purpose in the past 12 months in the “Business Purpose Disclosures” column. The types of information in each Personal Information
Category is described in the chart above. This should be done regardless of whether the Company sells personal information. ]

For Business Purpose Disclosures, you must disclose the “Third Party Categories” with whom that PIC was shared if that PIC was used for a “business purpose”. Generally, there is a business purpose if the information collected was used for operational purposes. 

If there was a “business purpose” for disclosing that PIC, identify the Third Party Category(ies) to whom such information was disclosed in the second column. Third Party Categories include: advertising networks, internet service providers, data analytic providers, government entities, operating systems and platforms, social networks, data brokers or aggregators, service providers, affiliates, partners, parent/subsidiary entities, and internet cookie data recipients (like Google Analytics).]

[If the Company also sells that PIC, identify the Third Party Categories to whom it is sold in the “Sales” column.]

Your Rights and Choices 

The CCPA provides consumers 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 twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see the “Exercising Your Rights to Know or Delete” section below), 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;

• If we disclosed your personal information for a business purpose, a list disclosing such disclosures, identifying the personal information categories that each category of recipient obtained; and

• The specific pieces of personal information we collected about you (also called a data portability request). 

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 (see “Exercising Your Rights to Know or Delete” section below), 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:

• 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;

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

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

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

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

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

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

• Comply with a legal obligation; or

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

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.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by either:

1. Emailing us at support@miseryandmayhem.com 

1. Visiting miseryandmayhem.com 

1. [[PASSWORD PROTECTED ACCOUNT INSTRUCTIONS].]

1. [[OTHER METHOD].]

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 (each, a “Verifiable Consumer Request”). 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 ten (10)-day timeframe, please contact us at miseryandmayhem.com

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 forty-five (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 twelve (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 useable 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. Without limiting the foregoing, unless permitted by the CCPA, we will not:

1. Deny you goods or services;

1. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

1. Provide you a different level or quality of goods or services; or

1. 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 certain financial incentives permitted by the CCPA in exchange for your information 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 support@miseryandmayhem.com 

Changes to Our Privacy Policy 

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Website and update this Policy’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 the Company collects and uses 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 contact us at:

Website: miseryandmayhem.com 

Email: support@miseryandmayhem.com 

Postal Address:

Misery and Mayhem, LLC

Attn: Scott Turner and Nick Lagonia 

611 South DuPont Highway Suite 102

Dover, DE 19901

If you need to access this Policy in an alternative format due to having a disability, please contact support@miseryandmayhem.com