Introduction

This State Privacy Law Addendum supplements the information contained in PetLab’s Privacy Notice and further describes our collection and use of Personal Information (as defined below). This State Privacy Law Addendum applies solely to all visitors, users, and others (“Consumers” or “you”) who reside in states that have privacy laws applicable to us, including the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (the “CPRA”) and the Texas Data Privacy and Security Act (collectively, the “State Privacy Laws”). Although we do not currently meet the thresholds to be subject to state consumer privacy laws beyond those in California and Texas, we may still extend certain rights regarding your Personal Information to you as a courtesy, regardless of your state of residence.

Scope of this State Privacy Law Addendum

This State Privacy Law Addendum applies to information that we collect on or through our US Website at https://www.thepetlabco.com (including when you browse this Website or make a purchase), that is provided to us when you make a purchase from an Authorized Third-Party Marketplace, or that you voluntarily provide to us when you contact us via social media or through any of our customer support channels. For purposes of the State Privacy Law Addendum, “Personal Information” has the meaning given to “personal data,” “personal information,” or other similar terms in the State Privacy Laws. However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in State Privacy Laws) are not considered Personal Information and this State Privacy Law Addendum does not apply. Note that this State Privacy Law Addendum does not apply to Personal Information collected by our international websites directed towards users outside of the U.S.

This State Privacy Law Addendum does not apply to employment-related Personal Information collected from our employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our Personnel and would like additional information about how we process your Personal Information.

Information We Collect About You and How We Collect It

When you access and use our Website (including to make a purchase), make a purchase through an Authorized Third-Party Marketplace, or otherwise contact us through social media or any of our customer support channels, we may collect certain Personal Information. As described in our Privacy Notice, some of this Personal Information is collected only if you choose to provide it. The Personal Information we may collect, and over the prior twelve (12) months may have collected, the following categories of Personal Information about Consumers:

As noted above, some of the Personal Information we collect is provided directly from you and completely voluntary. However, we may not be able to process your order or provide you with information if you do not provide certain pieces of Personal Information (for example, we cannot respond to a request if you do not provide us with contact information). PetLab will not collect additional categories of Personal Information without providing you notice.

Although we do not “sell” your Personal Information for money, certain State Privacy Laws define the term “sell” and “share” broadly. As further described in To Whom Do We Sell or Share Your Personal Information, we may “sell” certain categories of Personal Information for other valuable consideration, and we may “share” certain categories of Personal Information for cross-context behavioral advertising.

Sources of Personal Information

We collect Personal Information about you from the sources described in our Privacy Notice.

Purposes for Our Collection of Your Personal Information

We only use your Personal Information for the purposes described in our Privacy Notice and as otherwise described in this section.

We may use and disclose, and over the prior twelve (12) months, we have used and disclosed the Personal Information we have collected for the purposes described in our Privacy Notice as well as the following additional purposes:

• Short-term, transient use, provided the Personal Information that is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
• Performing services on behalf of PetLab, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.

In addition, we may “sell” Personal Information for monetary or other valuable consideration and “share” Personal Information for the purposes of cross-context behavioral advertising. Over the prior twelve (12) months, we have used, “sold” Personal Information for monetary or other valuable consideration and “shared” Personal Information for the purpose of cross-context behavioral advertising.

PetLab will not use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Your Personal Information for Business Purposes

PetLab may disclose your Personal Information to third parties for one or more business purposes. When we disclose Personal Information to non-affiliated third parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes for which the Personal Information was disclosed and requires the recipient to otherwise comply with the requirements of the State Privacy Laws. State Privacy Laws prohibit third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the preceding twelve (12) months, PetLab has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:

We disclose your Personal Information to the categories of service providers, contractors, and third parties listed above for the following business purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Helping to enhance and manage the security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality of our Website.
• Short–term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
• Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• Providing advertising and marketing services, not including interest-based, cross-context behavioral advertising, to Consumers.

In addition to the above, we may disclose any or all categories of Personal Information to any service provider, contractor, or third-party (including government entities and/or law enforcement entities) as necessary to:

• comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
• comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
• cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
• comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
• exercise or defend legal claims.

To Whom Do We Sell or Share Your Personal Information

“Sale” of Your Personal Information for Monetary or Other Valuable Consideration

As noted in our general Privacy Policy, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in certain State Privacy Laws to include disclosures for both monetary and other valuable consideration. Our “sale” would be limited to our use of third-party advertising and analytics cookies and their use in providing behavioural advertising and their use in understanding how people use and interact with our Website. Our “sales” of your Personal Information in this manner is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information).

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

PetLab may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (seeYour Choices Regarding our “Sale” or “Sharing” of your Personal Information). Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under applicable State Privacy Laws.

In the preceding twelve (12) months, PetLab has “sold” for monetary or other valuable consideration, or “shared” for the purpose of cross-context behavioral advertising, the following categories of Personal Information to the following categories of third parties:

Sale of Personal Information of Minors Under the Age of 16

We do not “sell” Personal Information of minors under the age of 16 for monetary or other valuable consideration, and we do not “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by applicable State Privacy Laws.

Consumer Data Requests

State Privacy Laws provide residents with specific rights regarding their Personal Information. This section describes the rights you may have under applicable State Privacy Laws and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your State Privacy Law Rights.

• Right to Know. You have the right to request that PetLab disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request). This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
• Access to Specific Pieces of Information (Data Portability). You also have the right to request that PetLab provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request). If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. In response to a Data Portability Consumer Request, we are not permitted to disclose and will not disclose certain Sensitive Personal Information, such as your account password or security question or answers. We will also not provide this information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with PetLab, or the security of our systems or networks. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
• Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may review and correct some Personal Information about yourself by logging into the Website and visiting the My Account page. You may also request that we correct the Personal Information we have about you as described below under Exercising Your State Privacy Law Rights. Note that certain information may not be corrected through your My Account page, and you may need to contact us for some corrections. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect or if the Personal Information is subject to another exception under applicable State Privacy Laws.
• Deletion. You have the right to request that PetLab delete Personal Information that we collected from and/or about you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your State Privacy Law Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to applicable State Privacy Laws. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it.
• Opt-out.
  • Opt-out of certain processing for targeted advertising purposes. We may process Personal Information for targeted advertising purposes. You can opt-out of certain processing of Personal Information for targeted advertising purposes, as described further below.
  • Opt-out of profiling/automated decision making. We do not use your Personal Information to engage in profiling or perform automated decision-making that results in significant financial impacts, significant impacts on housing, education, employment, health care, or criminal justice, or similarly significant impacts.
  • Opt-out of other sales of personal information. You can opt-out of other sales of your Personal Information, as described further below.
• Non-Discrimination. We will not discriminate against you for exercising any of your State Privacy Laws rights. Unless permitted by applicable State Privacy Laws, we will not do any of the following as a result of you exercising your State Privacy Laws rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Your State Privacy Law Rights

To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:

• Calling us at 1-866-4-PETLAB.
• Emailing us at privacy@thepetlabco.com.
• Online, by visiting the Help Center

If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request. Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.

All Consumer Requests must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include:
  • Verifying Personal Information that we may already have about you, such as your name, email address, telephone number, and other similar 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 which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent.

Making a Consumer Request does not require you to create an account with us. However, we do consider requests made via a verified email address associated with your account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.

Authorized Agents

You may authorize your agent to exercise your rights under applicable State Privacy Laws on your behalf by registering your agent with the applicable Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized to exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.

Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information

“Sale” of Your Personal Information

You have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). Children under 18 are not permitted to use the Website or provide us with any Personal Information, and therefore we do not sell the Personal Information of Consumers we know are less than 16 years of age. Consumers who opt-in to Personal Information sales may opt out of future sales at any time.

“Sharing” of Your Personal Information

You have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our Website (the “right to opt-out”). Children under 18 are not permitted to use the Website or provide us with any Personal Information, and therefore we do not share the Personal Information of Consumers we actually know are less than 16 years of age for this purpose. Consumers who opt-in to our sharing of Personal Information for these purposes may opt-out of future such sharing at any time.

How You May Opt-Out of Our Sale or Sharing of Your Personal Information

To exercise the right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and of “sharing” your Personal Information for the purposes of cross-context behavioral advertising, you (or your authorized representative) may:

• Click on the “Do Not Sell or Share My Personal Information” link at the bottom of the pages of our US Website (www.thepetlabco.com) (to the extent such link is available) and adjust the “Sale of Personal Data” setting to disable all future sales and sharing of your Personal Information; or click on this link: Do not Sell or Share My Personal Information
• Adjust your cookie preferences by clicking the “cookies settings” link at the bottom of the pages of our Website and disabling our use of targeting and performance cookies. You may also set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Website or other websites. You can find more information about cookies at https://www.allaboutcookies.org and https://youronlinechoices.eu.
• Set the privacy control signal on your browser, if your browser supports it. We currently recognize and support the following privacy signals sent by browsers:
  • Global privacy control (for more information on how to configure your browser to send this signal, please see https://globalprivacycontrol.org/).

When we receive one of these privacy control signals, we will opt you out of any further “sales” or “sharing” of your Personal Information when you interact with our Website through that browser and on that device. However, we are unable to add your choice to opt-out to your account at this time. If you use a different browser or device, you will need to configure that browser or device to also set the privacy control signal to opt-out of the “sale” or “sharing” of your Personal Information.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into the sale of Personal Information at any time by exercising your adjusting your cookie settings to allow targeting and advertising cookies (or by simply adjusting the “Sale or Sharing of Personal Data” settings in the cookie consent manager) as described in this notice. Note that if you have instructed us not to “sell” or “share” your Personal Data through a privacy control signal, you will need to affirmatively opt-in to our “sales” and “sharing” of your Personal Data, even if you have configured your browser to no longer send us the privacy control signal. In the event you have affirmatively opted-in to our “sales” and “sharing” and we continue to receive a privacy control signal from your browser, we will no longer comply with the privacy control signal unless and until you manually opt-out of the “sales” and “sharing” of your Personal Data through our cookie consent manager.

You do not need to create an account with us to exercise your opt-out rights. You may be required to provide us with additional contact information so that we may verify your request to opt-in to the sale of your Personal Information. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Your Choices Regarding our Use and Disclosure of Your Sensitive Personal Information

As further described below, we do not use or disclose your Sensitive Personal Information for any purpose other than the following:

• To perform the services or provide the goods or services reasonably expected by an average Consumer who requests such goods or services (such as to log you into your account);
• To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes;
• To resist malicious, deceptive, fraudulent, or illegal actions directed at PetLab and to prosecute those responsible for those actions, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• To ensure the safety of natural persons, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• For short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that the Personal Information is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
• To perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us; and
• To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.

Because we only use your Sensitive Personal Information for the purposes described above, we do currently allow you to limit our use of your Sensitive Personal Information for these purposes and no other purposes.

Financial Incentives

We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-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.

We currently provide you the ability to sign up for our mailing list for updates and access to special discounts, which may be considered a “financial incentive” under the CPRA. You may opt-in to our mailing list by signing up in various places on our website or during the checkout process. As part of our mailing list, we collect the following categories of Personal Information: identifiers and contact information (i.e., your email address), commercial information (e.g., purchase history), and internet usage information (e.g., whether you opened an email and clicked on a promotion, etc.).

You may withdraw from our mailing list by unsubscribing, by following the instructions in each promotional email sent by us to you. For CPRA purposes, we treat the value of your PI collected through our promotional programs like our mailing list as equivalent to our total program expenses (excluding the value of benefits).

The value of each program is the value of the program benefits, including free products, discounts, and coupons (if offered), the value of which will depend on individual customer participation.

Changes to this State Privacy Law Addendum

PetLab reserves the right to amend this State Privacy Law Addendum at our discretion and at any time. When we make changes to this State Privacy Law Addendum, we will post the updated addendum on the Website and update the addendum’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 State Privacy Law Addendum, the ways in which PetLab collects and uses your information described above and in the Privacy Notice , your choices and rights regarding such use, or wish to exercise your rights under applicable state law, please do not hesitate to contact us at: