Last modified: August 8, 2023

This Addendum supplements the Touch of Modern Privacy Policy as well as any other agreements you have with us, such as the Touch of Modern Terms & Conditions.

It applies solely to residents of Virginia and addresses our collection of 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 or device (“Personal Information”).

We adopt this notice to comply with the Virginia Consumer Data Protection Act (“VCDPA”) and any terms defined in the VCDPA have the same meaning when used in this Policy.

This Policy does not apply to workforce-related Personal Information collected from Virginia-based employees, job applicants, contractors, or similar individuals.

Your Rights and Choices

If you are a resident of Virginia, you may have rights with respect to your Personal Information, subject to applicable exceptions. Once we receive your request and confirm your identity (see Exercising Your Rights), we will review and process your request, as discussed below.

Right to Know

You may be entitled to obtain confirmation regarding whether we process your Personal Information.

Right to Access

You may be entitled to request that we disclose to you the specific pieces of your Personal Information that we have collected about you in a portable and, to the extent technically feasible, readily usable format.

Right to Deletion

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.

Right to Correct

You may request that we correct Personal Information that we hold about you in the event that the Personal Information is inaccurate, taking into account the nature of the Personal Information and the purposes of processing the Personal Information.

Right to Opt-Out of Profiling

You may be entitled to opt out of certain processing that has legal or similarly significant effects on you.

Right to Opt-Out of Sales and Targeted Advertising of Personal Information

You have the right to direct us to not sell your Personal Information at any time or use your Personal Information to engage in targeted advertising or sharing for cross-context behavioral advertising (the “Right to Opt-Out”). To exercise the Right to Opt-Out, you (or your authorized representative) may submit a request to us by contacting us at [email protected] or by calling us at (415) 230-0750.

Exercising Your Rights

To exercise your rights to Know, Access, Delete, or Correct, please submit a request by contacting us at [email protected] or by calling us at (415) 230-0750.

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.

Only you, or someone legally authorized to act on your behalf, may exercise the rights related to your Personal Information.

To exercise your rights, you must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:

  • Your name, user account ID, password, address or email address on file.

  • 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 exercise your rights. 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 at [email protected].

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.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted under applicable law, 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 VCDPA that can result in different prices, rates, or quality levels. Any VCDPA-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.

In order to check out and purchase products using a coupon or discount code, customers need to enter their name, email, phone, valid payment method, and mailing address.

Changes to this Addendum

We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on this page. When we do, we will revise the “Last Revised” date at the top of this Addendum. Please check back frequently to see any updates or changes to our Addendum. Your continued use of our website at 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 Touch of Modern collects and uses your information described here and in the Touch of Modern 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:

Postal Address: 901 E. Northfield Drive, Suite 200, Brownsburg, IN 46112

If you need to access this Addendum in an alternative format due to having a disability, please contact [email protected].