Privacy Policy

My Lemonade Stand, PBC d/b/a Mighty (“Mighty,” "we,” “us,” or “our") is the operator of the Mighty service available at www.mighty.business and other associated websites and mobile applications that link to this Policy, which provide an interactive, e-commerce platform through which kids can be their own CEOs and sell products (collectively the "Services").  This Privacy Notice (“Notice”) describes how we, our affiliates, and our service providers collect, use, and share information from and about users of the Services who are 13 years of age or older.

This Notice is effective as of the date indicated above. By using the Services, you agree to the terms of this Notice, as well as the Terms of Service. If you do not agree to this Notice or the Terms of Service, please do not use the Services.

For information about the information we collect from children under 13, and how we use and disclose that information, please see our Children’s Privacy Policy.  As set forth in the U.S. Children’s Online Privacy Protection Act (“COPPA”), we will only collect personal information (as defined by COPPA) from children with appropriate parental consent, or as otherwise permitted by COPPA (if there is an exception to consent, for example).  If we become aware that we have inadvertently collected personal information from a child in a manner inconsistent with COPPA’s requirements, we will seek to obtain parental consent, and if such consent is not obtained, we will delete such information.   If you are a parent concerned that your child is using the Services without your consent, please contact us using the contact information in Section XI below.‍

I. The Information We Collect and How We Use It

Mighty is an interactive e-commerce platform that allows users to create and curate online shops and sell products to their friends, family, and other Mighty users.  We call registered users who have created these shops “Shop CEOs.”  Below we have summarized how and when we collect information to provide the Services and how we use it.  The information we collect will in part depend on what type of user you are (i.e., a shop CEO, parent, visitor, or buyer).  Please note that if you choose not to share certain information with us, some features may not function as intended or at all.  

Information We Collect From All Users of the Services

Whether you are a Shop CEO, a buyer, or simply a visitor to the Services, we collect a variety of information about how you use and interact with the Services through the use of cookies or other online tools. This information includes IP address, the type and version of your device, information about your device’s operating system, and device identifiers.  We also automatically collect information about how you use the Services, including content viewed, duration of use, what website you were using before you visited the Services, and similar information.  We use this information to enable all users to use the Services and its features, analyze use and effectiveness of the Services, improve the Services and develop new features, maintain the security and integrity of the Services, ensure legal and regulatory compliance, personalize content, troubleshoot errors, and (with device permissions enabled) send user push notifications.  The third-party service providers that assist us in collecting this information are Google Analytics and Heap.  Please see those providers’ websites for more information about what they collect and how you can opt out.  Please also note that you can exercise choice with respect to the collection of information through cookies through your browser settings. We and our service providers may also use "web beacons," "pixel tags," "clear GIFs" or similar means (collectively, "Web Beacons") in connection with some parts of the Services and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about usage and response rates. Web Beacons allow us to count users who have visited certain parts of the Services, and analyze interactions with our emails. We may also collect basic contact information from you if you fill out a form to request additional information, submit an inquiry to customer service, or enroll in a contest or sweepstakes.  The information provided in connection with these activities will be used to process your request and for our business purposes.

Information We Collect from Registered Shop CEOs

We collect a variety of information from Shop CEOs to provide the Services and facilitate the shop.  This information includes:

• Registration Information/Parent Contact Information.  To register on the Services, you will be required to provide your name, email address, age, password, and a unique username.  This information will be used by us to provide the Services to you, enhance the Services, secure the Services, and communicate with you, including by sending marketing communications.  An adult who is the Shop CEO’s parent or legal guardian will be required to pay the applicable fee indicated on the Services to launch the shop and allow the Shop CEO to purchase products from vendors to sell in their shop, which will require entering a valid payment account number.  The payor’s credit card information will be collected and stored by our payment processor, Stripe, and not by us.  In accordance with applicable legal requirements, we may also collect the Shop CEO’s or a parent’s phone number to send SMS messages about the Services, as well as the parent’s email address to communicate with the parent about the child and the Services, including to send the parent information about promotions, contests, and marketing materials.
• Shop and Profile Information.  In setting up your shop, you will be able to provide a cover image, draft text to introduce yourself and your shop to potential buyers and other users, view and select the products you want to sell, and provide descriptions of the products you are selling.  You will also be required to provide email addresses of potential buyers so that you can contact them through the Services about your shop and the products you are selling.  Please note that if the recipients of the emails you send through the Services unsubscribe from receiving future marketing communications from the Services, you will no longer be able to email those unsubscribed users though the Services. As a Shop CEO, you will also have the ability to interact with other users and Shop CEOs to share information about your shop and offer feedback on the products you sell and your shop’s success, and the ability to participate in forums and group features. We use shop and profile information to facilitate the Services and your account, enhance the Services, analyze use of the Services, and to develop new features.

Information We Collect from Buyers

If you make a purchase on the Services, we will collect information needed to facilitate your purchase, including your name, email address, telephone number, and billing and shipping contact information. Your payment information will be collected by our third-party payment processor, Stripe, and not by us.

Aggregate/De-Identified data

We may aggregate and/or de-identify any information collected through the Services from all types of users so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and we may also share such information with any third parties, including with our partners.

II. How We Disclose Information

Because Mighty is designed to be an interactive e-commerce platform through which Shop CEOs can sell products and interact with other users, shop information, and profile information, and forum and group postings and profile information are public and can be seen by other users, visitors to the Services, and buyers.  In addition, we may share or disclose information collected through the Services in the following circumstances:

• With our service providers so they can perform services on our behalf (such as hosting providers, analytics providers, order fulfillment, and customer service providers)
• With vendors who offer the products for purchase for a Mighty store so that the vendors can fulfill those orders
• As permitted or required by law, including in response to a court order or a subpoena
• To protect the safety of a child, to prevent a crime, or to facilitate a public safety investigation
• To take precautions against liability
• To protect the security or integrity of our Services
• If we are involved in a merger, acquisition, or asset sale, the information we collect and maintain may be among the information shared, and in such a situation, we will comply with applicable legal requirements

III. Important Information for California Residents

If you are a California resident, California law may require us to provide you with additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).  

1. Categories of personal information we collect and how we use and share them

Throughout this Notice, we discuss in detail the specific pieces of personal information we collect from and about our users.  Under the CCPA, we are also required to provide you with the “categories” of personal information we collect.  The categories we collect are:  

• identifiers (such as name, email address, and username)
• device identifier (such as IP address)
• internet or other network or device activity(such as usage information)
• commercial and transactional information (e.g., billing information provided to launch a shop)
• geolocation information (e.g., your approximate location based on IP address and zip code)
• physical characteristics or description (i.e., your image if you upload a profile picture)
• other information that you provide (including feedback on the Services and interactions with users)

We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy. See the “Information We Collect and How We Use It” and “How We Disclose Information” sections above for more information.  Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties.  We do not engage in such activity.

2.    Your California Privacy Rights

CCPA Rights Disclosure.  If you are a California resident, the CCPA allows you to make certain requests about your personal information (e.g., requests for more information, access, or deletion).  The CCPA further provides you with the right to not be discriminated against (as provided for inapplicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law.  For example, we need to retain certain information in order to provide the Services to you.  We also will take reasonable steps to verify your identity before responding to a request.  If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at support@mighty.business.  

3.    California Shine the Light Disclosure

If you are a resident of California, you can request a list of all the third parties to which we have disclosed certain personal information (as defined by CA law) during the preceding year for those third parties’ direct marketing purposes.  However, we do not share personal information(as defined by such law) with third party advertisers for their direct marketing purposes.

IV.  How We Protect Your Information

We use a variety of administrative, technical, and physical safeguards to protect your information against accidental or unlawful destruction or loss, alteration, or unauthorized access.  However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure.

V.   Note to International Users

The Services are controlled and operated from the United States and are intended for a U.S. audience.  If you access or use the Services from another country, you acknowledge and agree that your information will be transferred to the United States, which may have different data protection rules than those in your country.

VI.   Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Notice, unless a longer retention period is required by law.

VII.  Third Party Services and Links

The Services may contain links to third-party websites (such as social media websites). These linked sites are not under our control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. If you provide any information through any such third-party site, such information will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any third parties.

VIII.  Updates to Our Notice

We reserve the right to modify this Notice at any time, so we encourage you to review it frequently.  You should periodically check this privacy page for updates.  If we make a material change to the Notice, you will be provided with appropriate notice in accordance with legal requirements. Your continued use of the Services signifies your acceptance of our Notice as modified.

IX.   Marketing Communication Choices

You can opt out of receiving future marketing communications from us by clicking the “unsubscribe” link at the bottom of those communications. Please note that it will take us some time to complete your request in accordance with our legal obligations.  Also, even if you unsubscribe, we can continue to send you transactional or relational messages about the Services.

X.   Do Not Track Disclosure

Some browsers or other tools include "Do Not Track" (DNT)features which, when turned on, send a signal to websites you visit indicating that you do not wish to be tracked across websites over time. The Worldwide Web Consortium (W3C) has been working with industry groups and regulators to develop a DNT browser technology standard to provide a common understanding as to how to interpret the DNT signals. The Services do not currently respond to DNT signals and will not recognize DNT tags or labels.

XI.   Contact Us

If you have any questions, comments or concerns regarding our Notice and/or practices, please contact us via e-mail at support@mighty.business or via mail at Mighty, attn: Privacy Info, 6 W 18th St. 8th Floor NY, NY 10011