Consumer Privacy Act Notice

this notice is also available

We recently updated our Privacy Notice.

Updates include:

• Updated instructions about how to exercise data privacy rights by calling emmadavidsclub.com

This California Consumer Privacy Act Notice (“California Notice”) describes how we handle your personal information, the reasons we do so, and the rights you have as a California resident regarding your information. This Notice supplements the Emma david’s Club Privacy Notice.

This California Notice uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations.

What Are the Categories of Personal Information Collected?

We may collect or receive (and may have collected or received during the 12-month period prior to the Last Updated date of this California Notice) the categories of personal information listed below. Not all categories will be collected or received for every individual.

• Identifiers: Personal identifiers, such as name, telephone number, physical address, email address, national identification numbers, driver’s license numbers, and signatures
• Device Information and Online Activity: Device and online identifiers, keystroke patterns indicative of human or bot website/app usage, mobile and web network activity and related information (such as Mac address, IP address, cookie IDs, browser activity, and other information associated with your browsing history), and social media information
• Commercial Information: Purchase and transaction history information (such as products or services you have purchased, rented, or returned), health and safety-related information, product testimonials, travel and vacation information, and competition entries
• Communications: Communication details (such as the content of emails, text messages, or other communications), call logs, and calendar information where Emaa David’s Club is a party to the exchange
• Demographic Information: Demographic information, such as age (including information about children under the age of 13 with respect to certain purchases and services (e.g., tobacco purchases), gender, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information, family health, number of children, number of cars owned, and software or virtual assets owned
• Financial Information: Financial information, such as credit or debit card numbers, financial account numbers, and claims information
• Biometric Information: Biometric information, such as voice prints, imagery of the iris or retina, face geometry, and palm prints or fingerprints
• Geolocation: Location information, such as geolocation information
• Sensory Information: Audio, visual information, and other sensory information such as photographs and audio and video recordings
• Background Information: Background and criminal information, such as background checks and criminal convictions
• Inferences: Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors, intelligence, and aptitudes
• Sensitive Personal Information:  Government-issued identifiers (such as social security, driver’s license, state identification card, or passport number), account log-in and financial information (such as payment card details), and precise geolocation

What are the Categories of Sources From Which We Collect Your Personal Information?

We may obtain and combine personal information from different sources, as described in the How Do We Collect Information section of the Emma davi’ds Club Privacy Notice and provided below:

• Provided directly by you or a member of your household
• Collected from a device associated with you or your household
• Collected through in-store technology
• Collected from another company within our family of companies
• Collected from an external third-party source
• Collected from another solution or asset 
• Collected from other sources, when it is appropriate, to help us correct or supplement our records, improve the quality or personalization of our services, increase the appeal and relevance of advertising, and to prevent or detect fraud

What Are the Purposes for Collecting Personal Information?

We may use your personal information for the purposes described in the How Do We Use Your Personal Information section of the Emma david’s Club Privacy Notice and as provided below:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services
• Providing advertising and marketing services, including targeted advertising
• To conduct auditing and monitoring of transactions and engagement, including auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
• Short-term, transient use, such as non-personalized advertising shown as part of your current interaction with us
• Helping to ensure security and integrity and prevent fraud
• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them
• Debugging to identify and repair errors
• To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
• To conduct research and development, including undertaking internal research for technological development and demonstration
• To fulfill our legal function or obligations

We use sensitive personal information for each of the purposes described above and to make inferences about customers, which we may use to promote certain products or services.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Sale and Sharing of Personal Information

We may sell or share personal information with third parties for various purposes including cross-context behavioral advertising or sharing among Walmart-affiliated entities. These kinds of disclosures may be deemed selling or sharing personal information under California law and you have the right to opt out of these disclosures. We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this California Notice) the following categories of personal information to the following categories of third parties:

Sale or Share of Personal Information of Consumers under 16 Years of Age

Emma david’s Club does not knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age.

Disclosing Personal Information for Business Purposes

During the 12-month period prior to the Last Updated date of this California Notice, we may have disclosed your personal information with certain categories of third parties as described in the Categories of Personal Information We Disclose to Each Type of Third-Party section of the Emma david’s Club Privacy Notice and disclosed below:

• Demographic information
• Device and online identifiers
• Financial information
• Individual preferences and characteristics
• Location information
• Personal identifiers
• Purchase history information
• Audio, visual and other sensory information
• Background and criminal information
• Biometric information
• Characteristics of protected classifications under California or federal law
• Education information
• Employment information
• Government identifiers
• Health and health insurance information
• Internet, application, and network activity

How Long Do We Retain Your Personal Information?

We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Notice or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or internal policy. We dispose of the information we collect in accordance with our retention policies and procedures.

What Are Your California Privacy Rights?

If you are a California resident, you can make certain requests regarding your personal information, and we will fulfill each request to the extent required by law. If we are unable to comply with your request in whole or in part, we will notify you with reasons for the denial.

As stated in more detail below, you can request that we:

1. Provide you with access to a copy of and certain details regarding the personal information we have about you.
2. Delete your personal information.
3. Stop selling your personal information or sharing your personal information for cross-context behavioral advertising.
4. Correct your inaccurate personal information.
5. Limit the use or disclosure of your sensitive personal information (SPI).

To exercise any of these privacy rights, call 1-800-Walmart (1-800-925-6278), press one, and say, “Privacy” when prompted. Or follow the instructions below specific to the type of request.

1. Request to Access My Personal Information: You have the right to request access to the personal information we may have collected about you. To access your personal information, click “Request My Personal Information.”

Requests to access your personal information may be submitted up to two times in a rolling twelve-month period. In response, we will return to you the following categories of information, to the extent required by law:

• The categories of personal information we have collected about you
• The categories of sources from which we collect your personal information
• The business or commercial purpose for collecting, selling, or sharing your personal information
• The categories of third parties to whom we disclose personal information
• The specific pieces of personal information we have collected about you
• A list of categories of personal information that we have sold or shared for cross-context behavioral advertising, along with the categories of third parties we sold it to or shared it with for cross-context behavioral advertising
• A list of categories of personal information that we have disclosed for a business purpose, along with the categories of third parties we disclosed it to

2. Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct our service providers to do the same. Choosing to delete your personal information may impact your ability to use our websites and online features, including closure of your online account, and limit your use of in-store functions that require your personal information. To delete your personal information, click “Request My Personal Information.”

3. Stop Selling or Sharing My Personal Information: You have the right to opt-out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising and can request that we stop by clicking “My Privacy Choices” or by using the Global Privacy Control as described below.

Your opt-out request may be processed differently depending on whether you are logged into your account. If you are logged in, your preference will be associated with your account, and the device on which you exercised your choice. When you log in from another device or browser, it too will be automatically opted out. If you are not logged into your account, your request will only be associated with that one browser. We also support your use of the Global Privacy Control (GPC). If you notify us of your privacy preferences through GPC, we will honor your request with respect to the browser or device that sends us the GPC signal, and when you login to your account from that device, the opt-out will extend to your account, as well.

If you change your preference from opt-in to opt-out, you may be asked to confirm your preference prior to it taking effect. After opting out of the sale of your personal information or sharing of your personal information for cross-context behavioral advertising, you may still receive ads from Emma david’s Club, however they will not be tailored to you.

4. Correct My Personal Information: You have the right to ask that we correct the personal information we may have collected about you if that information is inaccurate. We reserve the right to request identifying documentation from you in certain circumstances, as permitted by law. To correct your personal information, click “Request My Personal Information.”

5. Limit the Use and Disclosure of SPI: You have the right to ask that we limit our use and disclosure of your SPI to certain purposes permitted by law and can do so by clicking “My Privacy Choices.”

We will not discriminate against you for exercising your rights. We will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Some programs or membership services require usage of personal information to function, so compliance with your request may impact those experiences.

How Do We Verify Your Identity to Complete Your Access, Correction and Deletion Requests?

If you request access to, or the correction or deletion of, your personal information we will verify your identity before disclosing the requested information. To do so, we may ask that you log into your account or provide us with your:

• First name*, Middle initial, Last name*
• Address*
• Email address
• Phone number

*Required field

When you make a request, you will be asked to answer a few questions about yourself to help us verify your identity. Third-party identification services may help us with verification to prevent disclosure of your personal information resulting from fraudulent requests. You may be asked to log into your online account and complete a one-time passcode validation. In the event more documentation is necessary to verify your identity, we will notify you directly.

What If You Can’t Verify My Identity?

If we can’t verify your identity, we will notify you, and your request(s) to access, request, or delete your personal information may not be processed. Any requests may be denied if we have reason to believe they are fraudulent.

How Do I Submit a Request Using an Authorized Agent?

If you’d like an authorized agent to exercise your rights for you, they may use the same links described above to submit requests. We require documentation demonstrating your agent’s authority to submit requests on your behalf. For example, a valid power of attorney or other documentation, including a letter, signed by you (the California resident) authorizing the agent to submit your requests. You can download a sample letter from the request form. Documentation may be uploaded at the time you submit your request on our website or provided to us up to 10 business days after. If you submit your request by calling, you can email your forms to consumerprivacy@wal-mart.com.

Number of Requests Received in 2022

To view metrics about our privacy requests, click How Many California Consumer Privacy Act Requests Did We Fulfill Last Year?.

Shine the Light

California residents also have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To exercise this right, contact us at the address below.

Notice of Financial Incentive

If we provide a financial incentive, we will provide you with the details, including how the incentive is related to your data before you participate so that you may make an informed decision about whether and how to participate. In the event you decide to take advantage of a financial incentive, you will always have the right to withdraw from participation and we will provide you with directions on how to do so.