Effective Date: November 14, 2023

Cygnus Home Service, LLC also doing business as Yelloh (and previously did business as Schwan's Home Delivery) (“Cygnus”) has created this Privacy Policy in compliance with applicable laws and in order to demonstrate our firm commitment to privacy of your information. This Privacy Policy describes how Cygnus collects, uses, discloses, transfers, stores, retains or otherwise processes your information when you (whether in your individual or business capacity) access or use, in any manner, any content, products, services or related activities (collectively “Services”), or apply for, accept employment and are, or have been an employee or independent contractor, including through the Internet domains owned or operated by Cygnus, which include, but are not limited to:

Yelloh.com

Cygnusjobs.com

Schwans.com

We refer to the above website and all related websites as “sites” and to each of them as a “site.” When we refer to “we,” “us,” or “our,” we mean Cygnus, or the specific division, subsidiary, or affiliate that operates a site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the site. If the person accessing the site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

This Privacy Policy applies to your use of our Services, and covers information collected in connection with your access to and use of our Services, including those Services provided through our sites and/or online. Please read this Privacy Policy carefully. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Policy.

  1. OUR PRIVACY POLICY INCLUDES:

  2. GENERAL DISCLOSURES

    This site is hosted in the United States. If you are visiting the sites from outside of the United States, please note that by providing your information it is being transferred to, stored or processed in the United States, where our data center and servers are located and operated, or third countries where certain of our service providers or vendors may store or process personal data on our behalf. This section sets forth the general privacy policy for the United States. Depending on your state or country of residence, applicable privacy laws may provide you the ability know the information we have collected about you, to request access to, correction of or deletion of your information, and the right to opt out of the 'sharing' or 'selling' of your personal information, as defined by applicable law, and as further outlined below. If you are outside the United States and do not wish to allow the transfer of your personal information to the United States or other countries, you should not use these sites and you should opt-out of the collection of cookies. View our COOKIES POLICY.

    We take your privacy and the protection of your personal information seriously. We will only store, process and disclose your personal information in accordance with applicable law. We will make it clear when we collect personal information and will explain what we intend to do with it. We do our best to protect your privacy through the appropriate use of information security measures.

  3. WHAT INFORMATION WE COLLECT

    1. Information You Provide To Us Directly

      Cygnus may collect different information from or about you depending on the manner in which you use our sites or Services and whether we collect and process Employment Information (defined below). The following examples are provided to help you better understand the information we may collect through your use of the sites or in the course of us providing our Services to you. We may collect, process, use, store and transfer different kinds of personal information about you, which we have grouped together in the following categories as follows (category names in “quotes” are descriptions from California Civil Code 1798.140(v)(1)(A)-(K)) and (ae)(1)-(3):

      • Identity Information or “Identifiers” include first name, middle initial or name, last name, family composition, household income, household education, move date, presence of children, gender, age, your nickname for social media, and signature.
      • Contact Information or “Identifiers” includes postal address, email address, mobile telephone number, social media handle. We do calculate your geolocation for your delivery address for our vehicle routing purposes to provide your requested home delivery Services of our products; however, we do not collect your precise geolocation in any way or manner in your personal movements or otherwise.
      • Social Media or “Internet” Information that we collect from you includes information you communicate to or about us on social media including, your name, address and email, if different than in our customer files, your gender, age, whether you are our employee, your direct private messages to our social media accounts, and your social media account name and nicknames.
      • User-Generated or “Internet” Content includes information and content that you create and then share with or about Cygnus on third party social networks or by uploading it to one of our sites or apps, including through the use of third-party social media apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content.
      • Financial or “Commercial” Information includes bank account information and payment card details you provide for payment for our Services, though we do not store or process your full payment card details as we direct your payments for Services you request, through a third party service provider.
      • Transaction or “Commercial” Information includes details about Services you have obtained from us including any issues you have expressed to us regarding our Services; a specific order details, average order volume, whether you are an auto re-order customer, order frequency, date of last web order, date of last phone order, time you have been a customer, product clusters you like, and total discount you have received.
      • Profile or “Identifiers” Information includes your username and password, customer, member or AARP number, purchases or orders made by you, your interests, preferences including gluten free, GMO free, or organic products, your Service buying behavior, your Services delivery preferences, Services feedback and survey responses and your ratings of us or our Services.
      • Usage or “Internet” Information includes information about how you use our sites and Services, including usage statistics about your interaction with our sites such as webpages accessed, referring website address(es), time spent on webpages, webpages visited, search queries, click data on the sites, date and time, and other information regarding your use of our sites. Please refer to Section III.4 below for additional detail.
      • Technical or “Internet” Information includes internet protocol (IP) address, your internet service provider, your login data, browser type and version, device type, time zone setting and geo-location information, browser plug-in types and versions, operating system, activity log files and platform and other technology and systems on the devices you use to access a site. Technical Information is discussed in more detail in Section III.4 below.
      • Marketing and Communications or “Internet” Information includes your preferences in receiving marketing contacts and offers from us and our third parties, your opt in and opt out choices for email, text/SMS for marketing messages and push notification preferences, total number of emails we send you, your interaction with email we send you such as if and when you open email messages, when you delete email messages, links you engage with in the email and when you delete the emails, your interaction with push notifications we send you through our application that you download onto your mobile device (phone, tablet or other), when you open the push notifications, links you engage with in the email, your interaction with SMS or text messages we send to you, your mobile carrier, your interaction with our sites, what Services you click on, what Services you add to your cart, audio and chat text files created through voice mail, phone calls or chat interactions with, to or from our customer services team, the dates of any communications between us, and your communication preferences.
      • Employment Related Information including “Identifiers”, “Commercial”, “Internet” “Geolocation” and “Sensitive” information (applicable to rights granted specifically to California residents only) can relate to an applicant, a current employee, a former employee or an independent contractor we engage, and includes information you provide to us when you apply for a job including on our employment application, your resume, your education information, a cover letter or via email or other communications. Employment Information includes, but may not be limited to: Professional or employment-related information, such as work history and prior employer including Sensitive Identifier Information including your social security number, your driver's license number, and financial account information to pay our employees, your ethnicity or race, when and if you provide it to us during the application process as required by law. However, we do NOT use Sensitive Personal Information collected from you or third parties to make any inferences about you. We collect and process additional Employment Information if we offer you a position, you accept, and we onboard you into our employment related systems such as for administrating employment benefits, such as health insurance and retirement savings programs, COBRA benefits or worker's compensation claims. We will collect additional employment information as you perform work for us, that is dependent on your assigned job duties and work related activities you perform. We may also obtain information related to independent contractors who we engage, for management of the relationship and to provide independent contractors to relevant business systems.
    2. Information Received Through Third-Party Platforms

      You may access our sites through third-party platforms, such as Facebook and Apple. If you use our sites on or through a third-party platform, including via any mobile and/or other Internet connected devices (“Wireless Devices”), or click on third-party links, the collection, use, and disclosure of your information and your use of the sites will also be subject to the privacy policies and other terms of such third parties or third-party platforms. You should review such privacy policies, terms and other agreements.

    3. Information We Collect From Third Parties

      Cygnus collects certain information about or relating to you, either as our customer or as an applicant for employment or an employee, from third parties who directly or indirectly collected the information from you.

      • Demographic or “Identifiers” Information includes household income and other attributes, household age range, household size, overall buying habits, your spouse, if you have one, or other dependents, including the identity and number of children in a household, background check information, including in some instances, your driving record as part of employment related activities.
      • Identity or “Identifiers” Information obtained from third parties includes date of birth, gender, marital status, household income, household size.
      • Social Media or “Internet” Information that we may collect from third parties includes a review of your social media accounts.
    4. Collection Of Technical Information And Usage Information

      When you access Cygnus sites, we automatically collect certain information. This information may include without limitation: (a) Technical Information; and (b) Usage Information, both also referred to as “Internet” information.

      This Technical Information and Usage Information, which may be linked to your personal information, is collected through the use of server logs and tracking technologies, including: (i) cookies, which are small pieces of code that websites send to your computer or Wireless Device to uniquely identify your browser or Wireless Device or to store information in your browser setting; and (ii) web beacons, which are small objects that allow us to measure the actions of visitors using the Cygnus sites. For more detailed information regarding how we use cookies and other technology, please review the additional information in our COOKIES POLICY.

  4. HOW WE USE YOUR INFORMATION

    We may use information about you for a number of purposes, including:

    1. Providing, Improving And Developing Our Services

      • Reviewing and analyzing Usage Information and Technical Information to improve our sites;
      • Reviewing and analyzing Usage Information across site(s) (for example, Cygnus analyzes trends and user traffic to determine the performance of content on the site, research reports or events);
      • Using Transaction Information and Financial Information to process and record payment transactions or money transfers;
      • Using Identity Information, Contact Information Transaction Information, Usage Information and Profile Information to provide you with the Cygnus Services and features you choose to use;
      • Using Transaction Information to display your historical transaction or Service appointment information;
      • Using Contact Information, Profile Information, Usage Information, User Generated Content, Demographic Information, Social Media Information, Identity Information to provide, maintain and improve our Services;
      • Using Transaction Information, Social Media Information, User Generated Content, Identity Information, Demographic Information to develop and promote new Services;
      • Using Identity Information, Usage Information, Contact Information, Transaction Information, and Profile Information to deliver the Services, information and support your Service request, including digital receipts, invoices and scheduling information;
      • Using User Generated Content, to improve, personalize and facilitate your use of our Services; and
      • Using Usage Information, Profile Information, to measure, track and analyze trends and usage in connection with your use of, or the performance of our Services and sites.
    2. Communicating With You About Our Services

      • Using Contact Information, Identity Information and Profile Information to respond to your questions or concerns, or mailing promotional or other materials to you;
      • Using Contact Information, Identity Information, Profile Information, Usage Information, Social Media Information and Transaction Information to Send you information we think you may find useful or which you have requested from us about our Services and the industry we serve;
      • Using Contact Information, Identity Information, Social Media Information, Marketing and Communication Information and Usage Information to send push notifications, text messages or emails to your desktop or Wireless Device to provide updates on relevant Services, which can be managed through your computer, Cygnus application or your Wireless Device browser;
      • Using Contact Information, Profile Information, Transaction Information, Usage Information and Social Media Information to manage your account preferences, establish your profile and account registration information;
      • Using Contact Information, Profile Information, Transaction Information, Usage Information and Social Media Information to communicate with you via our Customer Care services via phone or chat; and
      • Using Profile Information, Usage Information, Social Media Information, Transaction Information to conduct surveys and collect feedback about our Services and responding to indications of dissatisfaction with our Services.
    3. Protecting Our Services And Maintaining A Trusted Environment

      • Using Profile Information, Usage Information, Technical Information, Transaction Information and Financial Information to enforce our Terms of Service or other applicable agreements or policies;
      • Using Identity Information, Contact Information, Usage Information and Profile Information to verify your identity;
      • Using Usage Information, Transaction Information, Financial Information to comply with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
      • Fulfilling any other purpose disclosed to you in connection with our Services;
      • Using Usage Information, Technical Information, and Transaction Information to analyze trends and user traffic, tracking purchases and your usage of the Site; and
      • Using Identity Information, Contact Information and Marketing and Communication Information to Contact you to resolve disputes and help with our Services.
    4. Advertising And Marketing

      • Using Identity Information, Contact Information, Transaction Information, Demographic Information, Technical Information, Marketing and Communication Information to market our Services; and
      • Using Identity Information, Contact Information, Transaction Information, Social Media Information, Demographic Information, Marketing and Communication Information to communicate with you about opportunities, products, Services, to administer our customer loyalty program, promotions, discounts, incentives and rewards offered by us and select partners.
      • If we send you marketing emails, push notifications or text/SMS messages, we will permit you to unsubscribe from receiving future marketing or other communications.
      • If we obtain any personal information from you, we will not sell it to third parties, nor will we allow third parties with whom we share your personal information to sell it.
    5. Employment with us (for privacy rights granted to California Residents)

      Using Employment Information for business purposes to process an application for employment, to offer you a position with us, to onboard you as an employee, facilitating enrollment and utilization of employee benefits, to provide you access to our information systems to perform your job duties, to pay you wages, to manage your performance to manage and operate our facilities and infrastructure and to engage independent contractors as needed to operate our business.

    6. Other Uses

      For any other purpose disclosed to you from time to time, in connection with our Services or, for California residents, your employment with us.

  5. WHEN AND WITH WHOM DO WE SHARE YOUR INFORMATION

    1. We Do Not Sell Your Information

      We do not sell your personal information to third parties, and we also do not allow the third parties with whom we share your personal information to sell it. Cygnus does not have actual knowledge that it sells the personal information of minors under sixteen (16) years of age.

    2. When And How We May Share/Disclose Your Information With Third-Parties

      We have in the prior twelve (12) months and going forward we will share your information with the following third parties and under the circumstances described below or as otherwise described in this Privacy Policy:

      • We may share your information with third-party service providers or contractors that perform services on our behalf, including for payment processing, Services and order fulfillment, data analysis, behavior tracking on the sites, marketing services, advertising services (including but not limited to retargeted advertising), e-mail address verification and delivery, text (SMS) message delivery, call recordings with customers and information hosting services, such as a third party data center, and customer services and support. These third-party service providers may access your personal information and may only use it as directed by us for the purpose of our requested service.
      • For California residents only, we share Employment Information with third party insurance service organizations and health benefit companies when you sign up for Cygnus sponsored benefits to mail related information to you and to process your requests to participate in your selected benefits. We also share Employment Information for company travel and expense reconciliation, to process payroll, to validate your ability to perform your assigned functions such as driving company vehicles, and to provide required government reporting about your pay and employment status with us. If you have a work related injury or a vehicle accident, we will share Employment Information with our service providers who assist in managing and resolving such matters, possibly including law firms. We may also share Employment Information to provide you with service or benefit rewards.
      • We require all third party service providers and contractors to respect the security of your personal information. We do not allow our third-party service providers or contractors to use your personal information for their own purposes and they are only permitted to process your personal information in accordance with our instructions.
    3. Corporate Transactions

      We may share all or part of your personal information with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of Cygnus business or assets to such business entity (including due to a sale in connection with a bankruptcy). We will require any such purchaser, assignee or other successor business entity to honor the terms of this Privacy Policy.

    4. Disclosure Of Information For Legal Purposes

      Cygnus may disclose all or part of your personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating any agreement with Cygnus, or may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our sites, or anyone else that could be harmed by such activities. We may disclose information in response to a subpoena, search warrant, in connection with judicial proceedings, or pursuant to court orders, legal process or other law enforcement measures. Cygnus may disclose or access personal information when we believe in good faith that the law requires it, to establish our legal rights or to defend against legal claims, and for administrative and other purposes that we deem necessary to maintain, service and improve our Services.

    5. Analytics And Data Enrichment Services

      We use third-party analytics such as Adobe Analytics to help understand your usage of our sites and to improve our Services.

    6. Aggregated, Anonymized Or De-identified Information

      We may disclose or use aggregated, anonymized or de-identified information for any purpose. Aggregated, anonymized or de-identified information is information that can no longer reasonably identify a specific individual. Although such information may be derived from your personal information, it can no longer directly or indirectly reveal your identity.

    7. Table View of Categories of Personal Information Shared and Categories of Third Parties With Whom We May Share Personal Information

      In order to synthesize some of the information provided above, below is a table listing the general categories of consumer personal information that Cygnus has collected, the sources from which that information may have been collected, the categories of third parties to which Cygnus may disclose such personal information, and the business purpose for which the information may have been disclosed to third parties. This table is intended to be read in conjunction with the information provided above.


      Category of Personal Information Collected Source(s) From Which Such Personal Information May Be Collected Categories of Third Parties to Which Cygnus May Share Such Personal Information Business Purpose for Which Such Personal Information Is Disclosed To Third Party
      Technical (“Internet”) Information
      • Directly From You
      • Social Media
      • Business Partners
      • Delivery Service Vendors
      • Payment Processing Vendors
      • Operating Systems and Platforms
      • Internet Service Providers
      • IT Vendors
      • Website usage and interaction with web site features
      • Service Providers and Vendors for Advertising and Analytics
      • Provide requested Services and make offers of additional Services Determine and program your location (including geolocation) for delivery of Offerings and Services you request
      Transaction (“Commercial”) Information
      • Directly From You
      • Delivery Service Vendors
      • Service Providers such as Services delivery vendors
      • Data Analytics
      • Improve Services and make additional recommendations
      • Offerings and Services delivery to your location at your request
      Usage (“Internet”) Information
      • Directly From You
      • Social Media Platforms
      • IT Vendors
      • Service Providers for Advertising and Analytics
      • Data Processing and Analytics Vendors
      • Social Media Platforms
      • Marketing
      • Provide, improve, and develop shopping experiences and Services
      User-Generated (“Internet”) Content
      • Directly From You
      • Social Media Platforms
      • Data Processing and Analytics Vendors
      • Social Media Platforms
      • Provide, improve, and develop shopping experiences and Services Promoting our Services
  6. COOKIES POLICY

    Like many online platforms, Cygnus and its analytics vendors use server logs and automated data collection tools, such as browser cookies, pixel tags, scripts and web beacons. These tools are used for analytics purposes to enable Cygnus to understand how users interact with the sites and Services. Cygnus and its analytics service providers may tie the information gathered by these means to the identity of users.

    Cookies are small text files placed on a computer or device while browsing the Internet. Cookies are used to collect, store and share bits of information about user activities. Cygnus uses both session cookies and persistent cookies.

    Session cookies are used to identify a particular visit to Cygnus sites and collect information about your interaction with the sites. These cookies expire after a short time or when the user closes their web browser after using the sites. Cygnus uses these cookies to identify a user during a single browsing session, such as when you log into the sites. This helps Cygnus improve the sites and Services as well as improve the users’ browsing experience.

    A persistent cookie will remain on a user’s device for a set period of time specified in the cookie. Cygnus uses these cookies to identify and recognize a specific user over a longer period of time. They allow Cygnus to:

    • analyze usage of the sites (e.g. what links users click on) by customers and others, collect information about customer purchases through the sites, to improve our Offerings and Services, and to understand how the users interact with our sites;
    • test different versions of the sites to see which particular features or content users prefer to optimize the sites;
    • support communication between Cygnus and users through the sites;
    • provide a more personalized experience to users with more relevant content and course recommendations; and
    • allow users to more easily log in to use the sites and Services.

    Examples of persistent cookies include: (i) preferences cookies to remember information about a user’s browser and settings preferences, such as preferred language – preference cookies make a user’s experience more functional and customized, (ii) authentication and security cookies to enable a user to log in or stay logged in to access the sites and Services, to protect user accounts against fraudulent log-ins by others and to help detect and protect against abuse or unauthorized usage of user accounts and (iii) functional cookies to make the experience of using the sites and Services better, like remembering the sound volume level selected by the user.

    Cygnus uses tracking technology to: (i) determine if a certain page was visited or whether an email sent by Cygnus was opened or clicked on by a user; and (ii) to customize the experience of individual users by recommending specific content, including based on user’s past searches and buying preferences.

    We also use clear gifs in HTML-based emails sent to our users to track which emails are opened and clicked on by recipients. We may use the information we obtain from the cookie in the administration of the sites, to improve the usability of the sites and for our direct marketing purposes. We may also use that information to recognize your computer when you visit our sites, and to personalize our sites for you.

    Cookies and information captured through our sites are stored for a certain retention period, however you can eliminate these cookies any time before the expiration date.

    To learn more about the types of cookies we use or to make updates to your preferences click Settings.

  7. HOW TO RESTRICT COOKIES

    You can adjust the settings in your browser to restrict or block cookies that are set by the sites (or any other website on the Internet). Your browser may include information on how to adjust your settings. Alternatively, you may visit www.allaboutcookies.org to obtain comprehensive general information about cookies and how to adjust the cookie settings on various browsers. This site also explains how to delete cookies from your computer.

    You can control and delete these cookies through your browser settings through the following:

    Please be aware that restricting cookies may impact the functionality of the Services. Most browsers allow you to refuse to accept cookies. Additional general information about cookies, including how to be notified about the placement of new cookies and how to disable cookies, can be found at allaboutcookies.org.

  8. THIRD-PARTY ADVERTISING AND ANALYTICS

    We may use third-party service providers and vendors to provide site metrics and other analytics services. These third parties may use cookies, pixels, web beacons and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our sites and Services, webpages viewed, time spent on webpages, movement around webpage layout elements, links clicked and conversion information (e.g., transactions entered into). This information may be used by Cygnus and third-party service providers we engage pursuant to contracts that protect your information on behalf of Cygnus and its vendors to analyze and track usage of our sites and Services, to determine the popularity of certain content, to understand the usability and user-friendliness of our website, and to better understand how you use our sites and Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

    This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons or other tracking technologies, which are covered by such third-parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit aboutads.info/choices.

  9. LINKING SITES

    The sites contain links to other websites. Cygnus is not responsible for the privacy practices or the content of such websites, including any websites that may indicate a special relationship or partnership with us (such as co-branded pages or "powered by" or "in cooperation with" relationships). We do not share information we gather with other websites or any other entities or individuals unless such sharing is disclosed to you in advance through this Privacy Policy. Other linked websites, however, may collect personal information from you that is not subject to our control. To ensure protection of your privacy, always review the privacy policy of the websites you may visit by linking from the sites. Please note that this Privacy Policy applies only to our sites, and not to other companies' or organizations' websites to which we link.

  10. SOCIAL MEDIA

    We may collect information from other sources, such as social media platforms that may share information about how you interact with our social media content including User Generated Content. We do not control how your personal information is collected, stored or used by such third-party websites or to whom it is disclosed. You should review the privacy policies and settings on any social media website that you subscribe to so that you understand the information they collect and may be sharing. If you do not want your social media websites to share information about you, you must contact that website and determine whether it gives you the opportunity to opt-out of sharing such information. Cygnus is not responsible for how these third-party websites may use information collected from or about you.

    Further, our sites may include social media features, such as the Pinterest “Save” button. Our integration of these features may allow third-party social media to collect certain information, such as your IP address, the address of and activity on the sites you visit, searches, browser type and settings, the date and time of your request, cookie data, device data and which page(s) you are visiting when using our sites and Services, and to set a cookie to enable that feature to function properly. Your interactions with these features are governed by the privacy policy of the company providing it.

    If you post a review and or other User Generated Content on your social media and tag us, we know others will benefit from seeing it on our website. As you consider allowing us to publish your User Generated Content, we want to make sure you know exactly how we intend to use it.

    You can provide your permission for Cygnus to use your image, video or other User Generated Content by replying to our Instagram or Twitter post with #accept. By providing your permission, you represent and warrant that you own the User Generated Content and there are no other entities with ownership claims over it. You grant Cygnus a non-exclusive and non-revocable commercial right to reproduce the User Generated Content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services, sites or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your User Generated Content may be used by Cygnus either alone or in conjunction with sketches, cartoons, captions, films, artwork, textural matter or other photographs. While Cygnus will make commercially reasonable efforts to give you credit for your User Generated Content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and your permission for us to use your User Generated Content is not contingent upon such credit being given.

    You waive any right to inspect and/or approve the finished work incorporating the User Generated Content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your User Generated Content or our finished work.

    And you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of the terms of this Privacy Policy shall remain in full force and effect.

    For any User Generated Content that you submit, you grant the Cygnus a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

    All User Generated Content that you submit may be used at Cygnus's sole discretion. Cygnus reserves the right to change, condense or delete any User Generated Content on Cygnus's website that Cygnus deems, in its sole discretion, to violate the content guidelines or any other provision of this Privacy Policy. Cygnus does not guarantee that you will have any recourse through Cygnus to edit or delete any User Generated Content you have submitted.

    Ratings, reviews and written comments are generally posted within two to four business days. However, Cygnus reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Cygnus, are responsible for the contents of your submission. None of the User Generated Content that you submit shall be subject to any obligation of confidence on the part of Cygnus, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

    By submitting your email address in connection with your rating and review, you agree that Cygnus and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

    If you do not agree to these terms, we completely understand, and no further action is required.

    Thanks again and please email us at [email protected] if you have any questions.

  11. HOW LONG WE RETAIN YOUR INFORMATION

    We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law and in accordance with our document retention policy. To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means and the applicable legal requirements. We may retain copies of information about you and any transactions or Services you have used for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law.

    In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. This allows the specific information collected (name, email, address, phone number, etc.) to become anonymous, but allows Cygnus to keep the transaction or engagement data. For example, Cygnus will not be able to tell if John Smith purchased a particular product, but we will be able to tell that a person purchased a product and the related transactional history. This will allow Cygnus to maintain a level of information that helps us develop and improve our sites and Services.

    Subject to legal requirements, we retain Employment Information for the length of employment plus an additional seven (7) years.

  12. MARKETING AND PROMOTIONAL COMMUNICATIONS

    You may unsubscribe from receiving marketing and promotional messages from Cygnus, if those messages are powered by Cygnus, by following the instructions in those messages or in your account settings. If you decide to unsubscribe, you will still receive non-promotional communications relevant to your use of our Services such as transactional messages related to requests for Services and product orders.

  13. CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) COMPLIANCE AND RELATED INFORMATION

    The Children’s Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personal information through the sites. If you are under the age of 18 and have already provided personal information through the sites, please have your parent or guardian contact us immediately using the information provided under CONTACT INFORMATION so that we can remove such information from our files.

  14. SECURITY

    We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We hold information about you both at our own premises and with the assistance of third-party service providers. Further public disclosure here of our security measures could aid those who might attempt to circumvent those security measures. If you have additional questions regarding security, please feel free to contact us directly using the information provided under CONTACT INFORMATION. To ensure that our employees comply with our privacy policies, we have developed a training program that provides all employees with the tools and knowledge to protect your personal information in all aspects of their work. Any employee who violates our privacy policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

  15. ADDITIONAL RIGHTS FOR RESIDENTS OF CERTAIN STATES

    1. CALIFORNIA CONSUMERS

      The California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”) permits residents of California to have the following additional rights. For more information, or if you have questions, you can contact us using the information provided under CONTACT INFORMATION. For your protection, Cygnus is required to collect certain information from you to compare to your Cygnus account information, to verify your identity before we respond to any request submitted by you. The information you provide to verify your identity (your name on your Cygnus account, your service address, your email and phone number on your Cygnus account) will only be used for verification purposes, and a record of your request, including certain information contained within it, will be maintained by Cygnus for its files.

      • California Residents Have The Right To Request Cygnus Disclose What Information It Collects, Uses And Discloses

        California residents have the right to request that Cygnus disclose what personal information Cygnus collects, uses and discloses about them. The general categories of personal information Cygnus collects about California residents are listed above under WHAT INFORMATION WE COLLECT as well as the sources from which we collect personal information, the business or commercial purpose for collection of personal information are listed above under HOW WE USE YOUR INFORMATION, the categories of third parties to whom we disclose your personal information are listed above under WHEN AND WITH WHOM DO WE SHARE YOUR INFORMATION.

        • For California residents — Customers: If you are a California resident who has purchased our Services and products, and would like to request access to the personal information that Cygnus collects, uses and discloses about you, please complete this Request Form or use the information provided under CONTACT INFORMATION and contact Cygnus at the toll-free number listed below. If you have obtained Services from us but have not created an account on yelloh.com or through our App, then you may request access to the information we process about you either by calling our Customer Care team at the phone number listed below in CONTACT INFORMATION, or sending an email directed to the Cygnus Privacy team at [email protected].

        • For California residents — Employment Information: If you are a California resident and have applied for a position, have been offered a position, have been employed; or been an independent contractor we have engaged, and would like to request access to the personal information that Cygnus collects, uses and discloses about you, please use the information provided under CONTACT INFORMATION, namely you may use the toll-free number listed below, or make your request through email directed to the Cygnus privacy team at [email protected].

      • California Residents Have The Right To Request The Erasure Of Their Personal Information Maintained By Cygnus

        California residents have the right to be forgotten and request that Cygnus erase the personal information Cygnus maintains about them. Cygnus will make every effort to comply with California residents’ requests to erase their personal information, however, certain laws or other legal requirements might prevent some personal information from being erased.

        • For California residents — Customers: If you are a California resident who has purchased our Services and products, and would like to request erasure of the personal information that Cygnus collects, uses and discloses about you, please complete this Request Form or use the information provided under CONTACT INFORMATION and contact Cygnus at the toll-free number listed below. If you have obtained Services from us but have not created an account on yelloh.com or through our App, then you may request erasure to the information we process about you either by calling our Customer Care team at the phone number listed below in CONTACT INFORMATION, or sending an email directed to the Cygnus Privacy team at [email protected].

        • For California residents — Employment Information: If you are a California resident and have applied for a position, have been offered a position, have been employed; or been an independent contractor we have engaged, and would like to request erasure of the personal information that Cygnus collects, uses and discloses about you, please use the information provided under CONTACT INFORMATION, namely, you may use the toll-free number listed below, or make your request through email directed to the Cygnus privacy team at [email protected].

      • California Residents Have the Right to Request The Correction of Inaccurate Personal Information

        California residents have the right to request correction of inaccurate personal information. Due to the nature of our Services model for delivery of our products to your door, it is vital that we maintain accurate information about you. Additionally, we want to ensure that applicants, employees and independent contractors have the ability to update their personal information for employment, benefit and related purposes.

        • For California residents — Customers: We provide you the ability to correct any inaccurate personal information though your account on yelloh.com. Simply log into your account and select “My Account”. You may update your personal information through this function and your changes will be updated the same day as you make them. If you have obtained Services from us but have not created an account on yelloh.com or through our App, then you may request we correct information we may process about you, either by calling our Customer Care team at the phone number listed below in CONTACT INFORMATION, or sending an email directed to the Cygnus Privacy team at [email protected].

        • For California residents — Employment Information: You may access your personal information on file with us through your UKG account. Select 'Myself' from the UKG menu once you sign in and make your changes to personal information. Changes you make to your personal information will be updated to affected service providers and contractors in due order, typically through periodic updates. If you are an applicant and desire to update your personal information, including contact information, you may access your account through which you made your application at cygnusjobs.com.

      • California Residents Have the Right to Know What Personal Information We Sell or Share and to Whom

        Cygnus does not “sell” or “share” your personal information as those terms are defined in the CCPA, nor do we have future plans to do so.

      • California Residents Have the Right to Opt Out of Sale or Sharing of Personal Information

        Cygnus does not 'sell' or 'share' your personal information as those terms are defined in the CCPA. Therefore, we do not offer opt out capabilities for 'sell' or 'share' of personal information.

      • California Residents Have the Right to Opt Out of Use and Disclosure of Sensitive Information

        The CCPA defines 'sensitive' personal information as: Personal information that reveals: (A) A consumer's social security, driver's license, state identification card, or passport number; (B) A consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) A consumer's precise geolocation. (D) A consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership. (E) The contents of a consumer's mail, email, and text messages unless the business is the intended recipient of the communication. (F) A consumer's genetic data.

        • For California residents — Customers: We do not collect, use or disclose 'sensitive' information as defined in the CCPA. We do know a customer's fixed geolocation corresponding to your delivery address solely for our mapping and routing purposes to bring Services to your address as you request from time to time. However, we do not otherwise know or track your geolocation at any time, in any way

        • For California residents — Employment Information - We do collect 'sensitive' information as part of Employment Information, such as your driver's license number, social security number, ethnicity and racial information as part of legally required data collection and for facilitating our employment relationship in reasonably necessary and proportionate manner, such as to validate you are licensed to drive our vehicles in compliance with applicable law, to perform background checks to qualify you to perform the duties for which you are hired and retained, and to facilitate your and your dependents' selection and use of employee benefits. We do not use your 'sensitive' Employment Information to make inferences about you and do not sell, or otherwise share your 'sensitive' information.

      • California Residents Have The Right To Non-Discrimination For The Exercise Of Their Privacy Rights Under The CCPA

        Under the CCPA, California residents have the right not to receive discriminatory treatment by Cygnus for the exercise of their privacy rights. However, the exercise of certain privacy rights by California residents will make it so that Cygnus is no longer able to provide those residents with certain services. For example, if, at the request of a California resident, Cygnus deletes all of the California resident's personal information that it maintains, Cygnus will no longer be able to send marketing communications to that California resident.

      • California Residents Can Designate An Authorized Agent To Make A Request Under The CCPA On Their Behalf

        California residents can designate an authorized agent to make requests under the CCPA related to the residents' personal information. Cygnus can deny any request made by an agent who does not submit proof that he or she has been authorized by the California resident to act on the California resident's behalf. For more information on submitting a request on behalf of a California resident as an authorized agent, you can contact us using the information provided under CONTACT INFORMATION.

    2. NEVADA CONSUMERS

      Residents of the State of Nevada have the right to opt out of the sale of certain types of their information to other companies who will sell or license their information to others. At this time, Cygnus does not engage in such sales. If you are a Nevada resident and would like more information about our data protection practices, please email [email protected].

    3. COLORADO, CONNECTICUT AND VIRGINIA CONSUMERS

      The Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”) and the Virginia Consumer Data Protection Act (“CDPA”) permits residents of each of Colorado, Connecticut and Virginia to have the following specific rights. For more information, or if you have questions, you can contact us using the information provided under CONTACT INFORMATION. For your protection, Cygnus is required to collect certain information from you to compare to your Cygnus account information, to verify your identity (your name on your Cygnus account, your service address, your email and phone number on your Cygnus account) before we respond to any request submitted by you. The information you provide to verify your identity will only be used for verification purposes, and a record of your request, including certain information contained within it, will be maintained by Cygnus for its files.

      • Colorado, Connecticut and Virginia consumers may invoke the right to confirm whether or not Cygnus is processing the consumer's personal data and to access such personal data

        If you are a Colorado, Connecticut or Virginia resident and would like to confirm whether or not we are processing your personal information, please submit this Request Form or use the information provided under CONTACT INFORMATION and contact Cygnus at the toll-free number listed below.

      • Colorado, Connecticut and Virginia consumers may request we correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data, and the purposes of the processing of the consumer's personal data

        Due to the nature of our Services model for delivery of our products to your door, it is vital that we maintain accurate information about you. We provide you the ability to correct any inaccurate personal information though your account on yelloh.com. Simply log into your account and select “My Account”. You may update your personal information through this function and your changes will be updated the same day as you make them.

      • Colorado, Connecticut and Virginia consumers may request we delete consumer data provided by the consumer or obtained by Cygnus about the consumer

        If you are a Colorado, Connecticut or Virginia resident and would like to request the erasure of your personal information, please submit this Request Form or use the information provided under CONTACT INFORMATION and contact Cygnus at the toll-free number listed below.

      • Colorado, Connecticut and Virginia consumers may obtain a copy of the consumer's personal data that the consumer previously provided to Cygnus, in a portable, and to the extent technically feasible, readily usable format

        If you are a Colorado, Connecticut or Virginia resident and would like to request access to the personal information that Cygnus collects, uses and discloses about you, please complete this Request Form or use the information provided under CONTACT INFORMATION and contact Cygnus at the toll-free number listed below.

      • Colorado, Connecticut and Virginia consumers may request opt out of the processing of their personal data for purposes of (i) targeted advertising; (ii) the sale of their personal data; and (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer

        We do not engage these listed activities and therefor do not provide you opt out capability.

      • If Cygnus initially refuses to take action on a Colorado, Connecticut or Virginia resident's request, you may appeal our decision

        You may resubmit your original request. Within sixty (60) days of receipt of your appeal (or for Colorado consumers, within forty-five (45) days of receipt of your appeal), we will inform you in writing of any action we take or not take in response to your appeal and include a written explanation of the reason(s) for our decision. If your appeal is denied, you may contact the Attorney General for your state of residence to submit a complaint:

        Colorado: Office of the Attorney General
        Colorado Department of Law
        Ralph L. Carr Judicial Building
        1300 Broadway, 10th Floor
        Denver, CO 80203
        (720) 508-6000
        coag.gov

        Connecticut: Office of the Attorney General
        165 Capitol Avenue
        Hartford, CT 06106
        (860) 808-5318 (phone)
        (860) 808-5387 (fax)
        https://portal.ct.gov/AG/Contact-the-Attorney-Generals-Office/Contact-the-Attorney-Generals-Office

        Virginia: Office of Attorney General, Consumer Protection Section
        202 North Ninth Street
        Richmond, VA 23219
        (800) 552-9963 (phone)
        (804) 225-4378 (fax)
        https://www.oag.state.va.us/

  16. DO NOT TRACK

    Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Most modern web browsers give you the option to send a Do Not Track signal to the websites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a website should respond to this signal, so we do not take any action in response to this signal. Cygnus does not have a mechanism in place to respond to DNT signals. Instead, in addition to publicly available third-party tools, we offer you the choices described in this Privacy Policy to manage the collection and use of information about you.

    Cygnus does track some activity across websites (including your search terms, the website you visited before you visited or used the Services and other clickstream data) and we may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.

  17. CHANGES TO THIS PRIVACY POLICY

    This Privacy Policy may be revised from time to time as we add new features and Services, as laws change and as industry privacy and security best practices evolve. We display an effective date on this Privacy Policy at the top of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any material change to this Privacy Policy regarding use or disclosure of personal information, we will provide notice on our sites. Changes will apply to information collected after the change is effective. Please check this Privacy Policy periodically for changes. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice. Your use of the sites constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised Privacy Policy, please exit the sites immediately. If you have any questions about this Privacy Policy, the practices of the sites or your dealings with the sites, you can contact us by using the information provided under CONTACT INFORMATION.

  18. CONTACT INFORMATION

    Please contact Cygnus with any questions or concerns regarding this Privacy Policy.

    Attention: Legal Privacy Policy
    Cygnus Home Service, LLC
    P.O. Box 201
    Marshall, MN 56258
    Customer Service form.
    [email protected]

    If you have any questions or concerns regarding our Privacy Policy, or if you believe our Privacy Policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with Cygnus using the contact information listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.