Privacy Policy

At Mark & Day, we are committed to protecting your privacy and ensuring that your personal information is handled responsibly. This Privacy Policy describes what information we collect, how we use and share it, and your rights regarding that information.

In this policy:

• "Mark & Day," "we," "us," or "our" refer to Mark & Day as a business entity.

• "Websites" refers to any websites or mobile versions operated by Mark & Day that link to this policy.

• "Social Media Pages" includes our official accounts on Facebook, Instagram, Pinterest, TikTok, LinkedIn, and similar platforms.

• "You" refers to anyone who visits our websites, uses our services, or interacts with us in any way.

This Privacy Policy applies to the information we collect through our Websites, Social Media Pages, and communications with you. If you have questions about this policy or your data, contact us at support@markandday.com.

Mark & Day is committed to safeguarding and respecting the privacy rights of our customers. This Privacy Policy outlines what information we collect and how we use and share it.

Information We Collect

We collect different types of information to help us serve you better, personalize your experience, and improve our services. The types of information we collect include:

• Location Data: We may obtain your precise geographic location through various technologies, including IP address collection and device information, subject to your device’s location settings.

• Device and Technical Information: When you access our websites, interact with our social media pages, receive emails, or engage with our online advertisements, we collect information about your browser type, device model, IP address, internet service provider, and other technical details.

• Personal Identifiers: We collect personal information such as your name, mailing address, email address, phone number, username, and password for our websites, online identifiers, and shipping address.

• Payment Information: Payment card details and transaction history (processed securely through third-party providers; we do not store full card numbers)

• Communications: Records of communications, including calls, chats, and emails exchanged with our customer service team, may be retained.

• Commercial Information: We track information related to your purchases, consumption history, and preferences.

• Website Interaction Data: Information about your interactions with our website is collected to help troubleshoot issues, enhance site functionality, and analyze user behavior.

• User-Submitted Content: Any content you provide through our website or social media pages, such as comments, photographs, and reviews, is collected.

• Profile and Preference Data: We may have access to details regarding your preferences and browsing behavior on our websites.

• Demographic Information: Subject to applicable laws, we may collect demographic information, including birthdate, gender, ZIP code, and other similar characteristics.

• Derived Inferences: We may analyze and infer additional insights regarding consumer preferences, behaviors, and characteristics based on the information collected.

How We Collect Information

We may gather the information described above through several channels, including directly from you, from third-party partners, or via cookies and other automated technologies. These categories are detailed as follows:

• Information Provided by You: We collect data directly from you when you engage in activities such as making a purchase; visiting our Websites; contacting us with inquiries or feedback; uploading content; creating an account; subscribing to communications; responding to surveys; submitting reviews; or interacting with or following our Social Media Pages.

• Information from Your Device or Browser: Certain information is automatically collected from your device or browser and analyzed when you access our Websites, engage with our Social Media Pages or online advertisements, or open emails we send.

• Information from Third Parties: We collaborate with third-party service providers who assist us in various capacities, including payment processing, analytics, shipping and delivery, survey facilitation, data provision, advertising, and other services. These third parties may collect and process your information independently under their own privacy policies. They may share information they have gathered with us.

• Information from Social Media Platforms: Social media platforms may share information with us. For further details on how these platforms collect and utilize your data, please consult their respective privacy policies and settings.

• Cookies, Device Identifiers, and Similar Technologies: We employ cookies (small data files stored on your device or browser), pixel tags (tiny graphic images embedded in websites or emails), and comparable technologies to automatically collect information when you visit our Websites or interact with our emails. Through cookies, we may link data about your interactions with our Websites or emails over time. Additionally, we engage third-party advertising and analytics companies to deliver online advertisements on other websites. These companies use cookies and similar technologies to collect information regarding your interactions both with our Websites and with other websites. The information collected may be used and shared by these companies to provide advertisements more closely aligned with your interests on other sites. We receive aggregated data from these third parties to evaluate the effectiveness of our advertising. Any information collected by us or these third parties through cookies or similar technologies may be combined with other information we hold about you.

How We Use Collected Information

The information we collect may be utilized for various business purposes, including but not limited to the following:

1. Order Fulfillment: Processing and fulfilling your orders and requests, which includes handling payments and ensuring the timely delivery of your purchases.

2. Advertising and Marketing: Delivering advertising content through online channels, email, and other communication platforms. This includes collaboration with social media networks and internet search engines to present targeted advertisements.

3. Customer Understanding and Analytics: Analyzing your interactions with our Websites, Social Media Pages, emails, and other communications to better understand customer behavior. We also monitor and assess the effectiveness of our advertising campaigns and communications.

4. Personalization: Customizing your experience by using your preferences and other collected data to tailor communications, advertisements, and website interactions according to your interests.

5. Customer Communications: Engaging with you regarding our products and services, as well as responding to your inquiries promptly.

6. Promotions and Contests: Administering contests, promotions, sweepstakes, and other marketing initiatives.

7. Customer Experience and Product Development: Delivering content on our digital platforms, developing and improving our products and services, enhancing website functionality, resolving customer service issues, and continuously optimizing the overall customer experience.

8. Security and Fraud Prevention: Safeguarding our business and customers against fraud, security threats, and other unlawful or harmful activities.

9. De-Identified Data and Market Analysis: Generating aggregated and anonymized information for purposes such as analyzing market trends and improving our services.

10. Legal Compliance: Fulfilling legal and regulatory obligations, including responding to requests from courts, law enforcement agencies, or governmental bodies.

Disclosure of Information to Service Providers and Third Parties

We may disclose your information under the following circumstances:

Affiliates and Subsidiaries: Your information may be shared with Mark & Day’s affiliates and subsidiaries as needed to facilitate our services.

Service Providers: We engage third-party service providers to support various aspects of our operations, including, but not limited to, order fulfillment, advertising, analyzing user activity and preferences on our website and social media channels, and customer communication. These service providers may process information for any of the purposes described in the “How We Use Collected Information” section. Accordingly, we may share with them the categories of information outlined in the “Information We Collect” section. In some cases, we may also receive data collected by these third parties and combine it with the information we maintain. Additionally, certain third parties, such as payment processors selected by you, may collect and process your information independently according to their own privacy policies.

Marketing Partners: We may share your information with third-party partners who assist us with the promotion and marketing of our business. This may include sharing the categories of information described in the “Information We Collect” section.

Legal Compliance: We may disclose your information to government authorities or law enforcement agencies if we believe such disclosure is necessary to comply with legal obligations or to protect the rights, safety, or property of our users, our website, or the public.

Business Transactions: In the event that Mark & Day is involved in a merger, acquisition, corporate restructuring, or other change in control, your information may be shared with or transferred to the relevant third-party entity as part of the transaction or associated due diligence.

Your Privacy Choices

You have several options for managing how we collect, use, and share your personal information:

Location Information: You may disable location-based services by adjusting the settings on your mobile device or web browser. Doing so will prevent our website from accessing your location data. Please note that some features or services may be limited or unavailable if location services are turned off.

Email Communications: You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link included at the bottom of any promotional email.

Text Messages: For information on how to opt out of receiving text messages from Mark & Day, please refer to our Texting Policy below.

Online Accounts: You may update your contact and payment information by logging into your account on our website. If you wish to cancel your account, please contact us at support@markandday.com.

Social Media Platforms: This Privacy Policy does not apply to the data practices of social media platforms where Mark & Day maintains official pages. Please review the terms, privacy policies, and settings of those platforms to understand how they collect and use your data.

Online Advertising Preferences: To opt out of interest-based advertising by third-party ad networks, you may visit NAI Opt-Out and DAA Opt-Out. These links direct you to independently operated websites where you can manage your ad preferences. Please note that if we work with multiple advertising partners, you may need to opt out of each one individually.

Cookies and Similar Technologies: You may manage or disable cookies through your browser or device settings, if supported. Disabling cookies may affect the functionality of certain features on our website.

Google Analytics: For information on how Google Analytics collects and uses data, please visit Google’s Partner Sites Policy. You can opt out of Google Analytics tracking by visiting the Google Analytics Opt-Out page.

Texting Policy

If you choose to receive marketing and support text messages from Mark & Day—whether by opting in through our website or by sending a message indicating your consent—you are providing your prior express written consent to receive recurring marketing, promotional, and support text messages (“Text Messages”) sent via an automatic telephone dialing system. Message frequency may vary.

Participation in this service is optional and not a condition of any purchase. You may opt out of receiving further Text Messages at any time by replying “STOP” to any message. For assistance, reply “HELP” or email us at support@markandday.com.

Your mobile carrier’s message and data rates may apply to both confirmation and subsequent messages, depending on your individual rate plan. Please consult your wireless service provider for details regarding your plan. Mark & Day and its affiliates are not responsible for any text messaging or wireless charges incurred by you or anyone with access to your mobile device or telephone number.

If your carrier does not support text messaging, you may not receive our communications. Mark & Day and the participating carriers are not responsible for any delays or failures in message delivery, as message transmission is dependent on your network operator. Text Message services are provided on an “AS IS” basis.

Information collected in connection with this service may include your mobile phone number, carrier name, and the date, time, and content of your messages. We may use this information in accordance with our Privacy Policy to communicate with you and to provide requested services.

Children’s Privacy

Our website is not intended for use by children under the age of 16. We do not knowingly collect personal data from individuals under 16 years of age. If you are a parent or legal guardian and believe your child has provided us with personal data, you may request deletion of such data by contacting support@markandday.com

Security

Mark & Day is committed to protecting the security of your personal information. We employ a range of physical, technical, and administrative measures designed to safeguard your data. However, no system is completely secure or immune to potential vulnerabilities.

To help protect your account, we encourage you to use strong, unique passwords for both your Mark & Day account and your email address. If you believe your account may have been compromised or wish to report a potential vulnerability, please contact us at support@markandday.com.

Supported Web Browsers and “Do Not Track” Signals

For optimal functionality, we recommend using the most current versions of supported web browsers. Some older browser versions may not support full access to all features of our website.

Please note that our website may not respond to “Do Not Track” (DNT) signals issued by web browsers. As such, we may continue to collect information as described in this Privacy Policy, even when DNT signals are present.

Updates to This Policy

We reserve the right to modify or update this Privacy Policy at any time. Updates become effective upon posting, and continued use of our website following such updates indicates your acceptance of the revised policy. For significant changes, we will update the “Effective Date” at the top of this policy and, where appropriate, notify you through other means.

Contact Us

If you have any questions, comments, or concerns regarding this Privacy Policy, please contact us via one of the following methods:

Email: support@markandday.com
Phone: 1 (877) 380-3830

U.S. Privacy Rights

Certain U.S. state laws grant residents specific rights regarding their personal data. These rights, which may vary by state, are subject to limitations and exceptions under applicable privacy statutes. For the purposes of this section, the term “Personal Data” includes both “Personal Information” and “Personal Data” as defined by relevant laws.

If your Personal Data is governed by a state privacy law, you may have the right to:

• Know, access, and confirm the Personal Data we maintain about you

• Request deletion of your Personal Data, subject to legal exceptions

• Correct inaccuracies in your Personal Data

• Obtain a copy of your Personal Data in a portable and readily usable format

• Opt out of the processing of your Personal Data for purposes of profiling or targeted advertising

• Opt out of the sale or sharing of your Personal Data

In accordance with applicable laws, you also have the right not to be discriminated against for exercising any of the rights listed above. Mark & Day does not engage in discriminatory practices against individuals for exercising their privacy rights.

Some states may grant you the right to appeal our decision if we decline to act on your request or fail to respond. California residents may have additional rights, including the ability to pursue legal remedies for misuse of their Personal Data.

As of 2025, several U.S. states — including, but not limited to, California, Virginia, Colorado, Connecticut, Utah, and Texas — have enacted privacy laws. Mark & Day is committed to complying with all applicable regulations in the jurisdictions where we operate.

How to Submit a Privacy Request

If you are a resident of a U.S. state that provides privacy rights and you wish to exercise any of the rights described above, you may do so by:

• Emailing us at support@markandday.com

• Calling us at 1 (877) 380-3830

If submitting your request via email, please include “Privacy Rights Request” in the subject line and provide the following details: the nature of your request, your full name, email address, and shipping address. Please note that we are only able to process one request per email submission.

Mark & Day is obligated to fulfill privacy requests only after verifying the identity of the requester. To do so, we will match the information you provide (by phone or email) against data we have on file. Additional information may be requested if necessary to complete the verification process. This measure ensures that Personal Data is not disclosed to or modified by unauthorized individuals. Any information collected for verification purposes will be used solely for that purpose.

Authorized Agent

You may designate an authorized agent to submit a request on your behalf. To do so, please contact us at support@markandday.com. We may take reasonable steps to verify both your identity and the agent’s authorization, including requesting additional documentation, in accordance with applicable legal requirements.

Categories of Personal Data Collected and Disclosed for a Business Purpose

Mark & Day collects and discloses the categories of Personal Data outlined in the chart below. Please note that the specific types of Personal Data we collect may vary based on your interactions with us and may not include every example listed under each category.

We may also collect certain types of Personal Data that do not fall squarely within the categories listed above. These are further detailed in the Information We Collect section.

Additionally, we may share your Personal Data with service providers and third parties for various business purposes, including operational needs and to support the services you request from us. To learn more about how we use and disclose Personal Data, please refer to the How We Use Collected Information section.

Sources of Personal Data

We may collect your Personal Data from the categories of sources outlined in the How We Collect Your Information section.

Categories of Personal Data Sold or Shared

While we do not sell your Personal Data in exchange for monetary consideration, certain state privacy laws may classify our disclosure of Personal Data to third-party service providers, such as those assisting with marketing or advertising, as a “sale” or “sharing” for purposes of cross-context behavioral advertising.

The categories of Personal Data that may be considered “sold” or “shared” under applicable law include:

• Identifiers

• Commercial Information

• Geolocation Data

• Inferences

• Internet or Other Electronic Network Activity Information
  
  

We do not knowingly sell or share the Personal Data of individuals under the age of 16 without prior affirmative consent.

Opting-In

If you have previously opted out of the sale of your Personal Data, you may opt back in at any time. To do so, please email us at support@markandday.com and indicate your request to opt in to the sale of your Personal Data.

Notice of Financial Incentive

From time to time, we may offer exclusive discounts, promotional offers, rewards, or other incentives in exchange for consumers voluntarily providing their contact information, such as email addresses or mobile phone numbers. Under California law, participation in these offerings may be classified as a “financial incentive” tied to the collection and retention of Personal Data.

Participants in these programs may submit any or all categories of information described in the Information We Collect section. Participation is strictly voluntary and may be withdrawn at any time. Each program is governed by its own terms, which are made available at the time of enrollment. By participating, you affirmatively consent to the terms of that specific program.

We offer these incentives to help strengthen customer relationships and engagement. The value of the personal information we collect varies depending on factors such as the extent to which consumers use the available offers. Although we do not assign a monetary value to Personal Data in our financial records, its value may be reasonably related to the cost of acquiring or developing such data.

Deletion Rights

You have the right to request the deletion of Personal Data that we have collected directly from you. However, under applicable laws, we may deny such requests in certain circumstances—for example, if the data is needed to complete a transaction, fulfill a service you have requested, ensure security and integrity, maintain necessary business records, comply with legal obligations, or establish or defend legal claims. Note that we are not required to delete data that was not collected directly from you. The level of identity verification required to process your request depends on the sensitivity of the Personal Data and the level of certainty needed to confirm your identity.

California Consumer Privacy Rights Requests (January 1, 2023 – December 31, 2023)

Mark & Day is headquartered in Atlanta, Georgia. However, we provide products and services to customers across the United States, including California residents. As such, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) as applicable.

During the 2023 calendar year, Mark & Day did not receive any verifiable consumer privacy rights requests from California residents. Accordingly, no metrics are available for reporting at this time.

Sensitive Personal Information and Sensitive Data

Mark & Day does not collect or process Sensitive Personal Information or Sensitive Data (as defined under applicable privacy laws) without first obtaining your explicit consent, when required.

Additional California Privacy Rights (Shine the Light)

California residents may request that we:

1. Provide a list of certain categories of personal information disclosed to third parties for their direct marketing purposes during the previous calendar year, and

2. Identify those third parties.

Mark & Day does not share your personal information with third parties for their own direct marketing purposes. However, we offer California residents a cost-free means to opt out of any such potential sharing.

To exercise this right, email us at support@markandday.com with the subject line “California Privacy Rights Request”, indicate that you are a California resident, and specify your request to opt out of sharing your data for direct marketing purposes.