Privacy Notice

Last updated:  5/31/2024  

1. Introduction

Purpose. MKUL, Inc.,formally known asMolekule Group, Inc. (“Molekule”) provides products to help eliminate indoor air pollution. The purpose of this Privacy Notice is to describe how Molekule collects, uses, and discloses personal information through our websites and mobile applications, including www.molekule.com and through the use of our products (collectively, the “Services”). Please read this Privacy Notice carefully to understand our practices and your rights and choices with respect to your personal information. If you do not understand any aspects of our Privacy Notice, please feel free to reach out as described below.

As used in this Privacy Notice, the term “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information includes “personal data” as defined by certain privacy and data protection laws.

Scope. This Privacy Notice applies only to personal information we collect through the Services. Our Services also contain links to third-party sites that are not owned or controlled by us, including sites operated by third-party distributors that sell our products. Please be aware that we are not responsible for the privacy practices of these other sites.

Additional Information for California Residents. If you are a California resident, please click here for additional information about the processing of your personal information and your rights under California law.

2. Collection and Use of Personal Information

Molekule may collect personal information directly from you (such as when you register an online account, complete a survey, request customer service, or make a purchase), from our vendors and service providers, and through tracking technologies such as cookies (see Section 6 entitled “Cookies and Other Tracking Technologies” for more information).

We may collect, use, and disclose the following categories of personal information for the purposes identified below. These examples may vary depending on the nature of your interactions with us.

In addition to the categories of personal information listed above, our products may contain sensors that collect certain data about the indoor air quality, such as temperature, humidity, filter status, and levels of particulate matter or other pollutants in the air. If you connect a Product to WiFi, the Product may transmit this indoor air quality data on an ongoing basis to our servers while your Product remains connected. We may disclose this information to data analytics providers, information technology vendors, and other service providers. We will retain and process this information in accordance with this Privacy Notice.

3. Disclosures of Personal Information

Molekule may disclose the categories of personal information identified above to the following categories of recipients. Where Molekule discloses personal information to the recipients below it is for the same purposes described above. 

• Molekule affiliates;
• Data analytics providers;
• Security providers;
• Vendors that help us place relevant advertisements;
• Information technology vendors; and
• Other service providers, including vendors that help us to fulfill orders, provide shipping and logistics services, process payments, or provide customer service.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information if we have a good faith belief that doing so is required or necessary: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) or to collect amounts owed to us.

Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, subject to applicable laws, we may transfer or sell your personal information to the new owner.

4. Social Features

Our Services may include publicly accessible social media pages and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook, Twitter and Instagram (that might include widgets such as the “share this” button) may be on our Services. These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features apart from your visit to our Services are governed by the privacy notice of the company providing it.

5. Your Choices

Updating Your Information. You can access and update certain personal information by signing into your account. In addition, you can opt-out from receiving marketing emails from us by using the unsubscribe link found at the bottom of the email. Note that you may continue to receive transactional emails regarding our Services.

Communications.You may elect to receive marketing or promotional text messages from us. If you have opted into receiving marketing text messages from us, you may opt out of receiving these text messages at any time by texting “STOP”. For more information about text messages, see our Terms and Conditions.

Mobile Devices. We may send you push notifications through our mobile application. You may adjust your push notification preferences by changing the settings on your mobile device.

6. Cookies and Other Tracking Technologies

We and our vendors use cookies, pixels, SDKs and other technologies, including the Meta Pixel (collectively “tracking technologies”), to receive and store certain types of information about your interactions with our Services. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. A pixel is a piece of code that can send information to third parties. SDKS are software development kits used within mobile applications. Tracking technologies may store unique identifiers, user preferences and other information.

We use tracking technologies to improve the quality of our Services, including for storing user preferences, tracking user trends, providing, monitoring and improving our Services, and providing personalized content and relevant advertising to you. We may also combine and share such information and other personal information (such as demographic information and past purchase history) with third-party advertising partners. These advertising partners may use your personal information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party websites within their networks or on other devices you may use.

You can learn more about your choices with respect to targeted advertising and privacy at www.networkadvertising.org/managing/opt_out.asp, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice, such as by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). Please be aware that opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Depending on your device or operating system, you may not be able to delete or block all cookies and you may not be able to block non-cookie technologies, and these browser settings that block cookies may have no effect on such techniques. To manage your cookie preferences on our websites, please click “Do Not Sell or Share My Personal Information” in the footer of the website you are visiting.

Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. We do not respond to “Do Not Track” signals.

Session Replay. Our Services may use session replay tools that allow us and our vendors to monitor and analyze how visitors use our Services to better understand user behavior and improve our Services. When you interact with us online, information related to your browsing behavior may be collected by us and our vendors.

Our website uses Google Maps features and content to match the address that you provide with addresses in the Google Maps database. Use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service (https://maps.google.com/help/terms_maps/) and Google’s Privacy Notice (https://policies.google.com/privacy). This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services and provide you with information about our business, products, and services.

Google Analytics and Other Analytics Providers

We use Google Analytics and other analytics providers to collect certain information relating to your use of the Services. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout. We may also utilize certain forms of display advertising and other advanced features through Google Analytics to inform, optimize, and display ads based on your visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by visting NAI’s online resources at http://www.networkadvertising.org/choices.

7. How Long We Keep Your Personal Information

We keep the categories of personal information described above for as long as is necessary for the purposes described in this Privacy Notice or otherwise authorized by law. This generally means holding the personal information for as long as one of the following apply: 

• Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the personal information;  
• Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected; 
• Your personal information is reasonably required to protect or defend our rights or property; or 
• We are otherwise required or permitted to keep your personal information by applicable laws or regulations. 

Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.

8. Services Not Directed to Children

Our Services are not directed to children under the age of 16, and we do not knowingly collect personal information from children. If we learn that we have collected personal information from children under the age of 16, we will promptly delete that information. If you believe we have collected personal information from your child, please contact us as described below.

9. Security of Your Personal Information

We use physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. It is your responsibility to protect the security of your login information. If you have reason to believe that your account or interaction with us is no longer secure, please immediately notify us in accordance with the “Questions and how to contact us” section below.

10. Additional Information for Data Subjects in the European Economic Area (EEA) and United Kingdom (UK)

As a supplement to the information provided throughout this Privacy Notice, we provide the following information to data subjects in the EEA about their rights under the European Union’s General Data Protection Regulation and data subjects in the UK about their rights under the United Kingdom’s General Data Protection Regulation.

Molekule, Inc. is the data controller for personal information collected through our Services.

Data subjects in the EEA and the UK may purchase our products through third-party sellers in their home countries. By accessing our Services or otherwise interacting with us, you acknowledge and consent to the transfer and processing of your personal information in the United States and Canada. The laws that apply to personal information protection in the United States and Canada differ from those applicable in the EEA and the UK; however, we have put in place measures to help ensure that personal information from the EEA and the UK is processed in accordance with applicable GDPR requirements.

Molekule may process the categories of personal information listed above according to the following legal bases:

• The processing is necessary for the performance of a contract we have with you, for example to provide you with the Services associated with your use of our products.
• We have a legal obligation to process your personal information, for example when we monitor customer accounts to prevent, investigate, and/or report fraud, misrepresentation, security incidents, or crime.
• We have a legitimate interest in using your personal information and our reasons for using your personal information outweigh any potential adverse effects on your data protection rights. In particular, we have a legitimate interest in the following instances:

• To analyze and improve the safety and security of the Services, including by implementing and enhancing security measures and safeguards, and protecting against fraudulent or illegal activity or activity that violates our policies.
• To administer, maintain, and improve our Services.
• To market our Services and to provide information to you that is tailored to you, and in accordance with your preferences.
• To protect our legal rights or those of others or to comply with other legal or contractual obligations.

• You have consented to the processing of your personal information.
• We may ask for your consent for certain personal information processing. For example, we may rely on your consent to use non-essential cookies or to provide you with marketing communications. If you consent, you have the right to withdraw your consent at any time by emailing us at support@molekule.com. Additionally, you can opt out of marketing communications by following the instructions provided in such communications.

Rights and Choices

You have the right to:

• Request access to your personal information and request certain information in relation to personal information processing;
• Request correction of your inaccurate personal information;
• Request the deletion of your personal information;
• Request that we restrict our processing of your personal information;
• Object to our processing of your personal information; and
• Request the transfer of your personal information to another party.

You can submit these requests by sending an email to support@molekule.com. We may need to obtain specific information from you to help us confirm your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If you provided your consent to the processing of your personal information, you have the right to withdraw your consent at any time.

EEA and UK data subjects who have questions about our data protection practices can contact us at support@molekule.com.

You also have the right to lodge a complaint with your supervisory authority. You can find information about your data protection regulator at https://edpb.europa.eu/about-edpb/board/members_en or make a complaint to the UK Information Commissioner’s Office at https://ico.org.uk/make-a-complaint/.

11.Additional Information for Residents of Certain U.S. States

A. Sales, Sharing, and Targeted Advertising

We may sell or share with third parties for cross-context behavioral advertising or targeted advertising the following categories of personal information. We do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.

• Identifiers
• Internet or other electronic network activity information
• Geolocation data

You may opt out of the sale and sharing of your personal information via tracking technologies through a browser-based opt-out preference signal that you set or by following the instructions provided below.

B. U.S. State Privacy Rights

If you are a resident of California, Texas or Virginia, you may have certain rights related to the personal information that we have collected about you. We will comply with your request as soon as reasonably practicable, subject to legal requirements. 

To prevent unauthorized requests related to your personal information, we take steps to verify that you are the person that is the subject of the request. Following verification of your identity, we will process your request; if we are unable to fulfill your request, we will let you know why.

You may exercise your rights to your personal information by submitting a request here, or by calling1-855-999-9069. 

We will not discriminate against you for exercising any of your privacy rights.

Right to Know or Access:You have the right to know what personal information we process, know details concerning that processing, and to access your personal information.

This includes information regarding:

• Your personal information that we process
• Our purposes for processing your personal information
• The categories of personal information we disclose to other parties
• The categories of external parties to which we disclose your personal information

You also have the right to obtain your personal information in a transportable format.

Right to Correct Inaccurate Personal Information:You may request that we correct personal information that we maintain about you if you believe such personal information is inaccurate. Upon receipt of a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as you direct.You can also access and update certain personal information relating to your account by signing into your account in the account or settings section of our Services.

Right to Delete Personal Information:You may request that we delete your personal information. Please note that we may retain certain personal information as permitted by applicable law.

Opt-Out Rights:You have the right to opt out of sales and sharing for cross-context behavioral advertising or targeted advertising via tracking technologies (e.g., cookies). To opt out, click on the ‘Do Not Sell or Share My Personal Information’ link in the footer of our website, which will allow you to access our opt-out tool.

If you would like to use a universal opt-out preference signal, please download and use a browser supporting the Global Privacy Control (“GPC”) browser signal. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use. 

Authorized Agents:Depending on your state of residency, you may have the right to designate an authorized agent to make certain privacy rights requests on your behalf.We will require an authorized agent to verify their identity and authorization to make a request.

C. California Notice of Financial Incentive.

This Notice of Financial Incentive applies to the Molekule Inner Circle program (the “Program”). The Program offers benefits such as rewards points and discounts on future purchases. Participation requires you to provide some personal information, such as identifiers, personal records, and commercial information. We also collect inferences about rewards program participants. The incentives associated with our rewards programs are designed to reward loyal customers based on their engagement with our website and brand, and the volume of products they purchase from us. For more information, please click here. The full Terms and Conditions for the Program can be found here.

We have made a good faith estimate that the value of California residents’ personal information provided in connection with our rewards programs is equivalent to the relevant expenses related to the collection and retention of that personal information. Any difference in price or benefits provided to customers who participate in our rewards programs is reasonably related to the value of the personal information provided. You have the right to withdraw from the financial incentive at any time by cancelling your participation in the rewards program. To cancel your rewards membership, please contact us at support@molekule.com.

D. California’s Shine the Light Law.

California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to other parties, including affiliates, for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those other parties. California residents may make one such request per calendar year. To make a Shine the Light request, you may contact us by email or postal mail using the information provided in the “Contact Us” section. In your request, please state that you are a California resident and provide a current California mailing address for our response.

12. Changes to Our Privacy Notice

We may change our Privacy Notice from time to time and will revise the “Last Updated” date at the top of this page. Your use of the Services indicates your consent to the Privacy Notice posted at the time you access the Service.

13. How to Contact Us.

If you have any questions regarding our Privacy Notice or otherwise need to contact us, please contact us:

via our website here https://molekule.com/

by email at support@molekule.com

by mail at: 10455 Riverside Drive, Suite 100, Palm Beach Gardens, FL 33410

By US toll-free phone: 1-855-999-9069