Mood Privacy Policy

Last Updated: 07/30/2026

This Privacy Policy describes how Mood E-Commerce, LLC, and its affiliates and subsidiaries (collectively, “Mood,” “we,” “us,” or “our”) collects, processes, uses, and shares your personal information when you use our websites, including mood.com and our other websites, online stores, and landing pages that link to this Policy (collectively, the “Website”) and to provide you with our products and services, including through our online store (collectively, the “Services”).

This Privacy Policy is part of our Terms and Conditions. By using our Services, you agree to be bound by this Privacy Policy and our Terms and Conditions. If you do not agree, please do not use our Services.

We collect and use your information only as described in this Privacy Policy, in accordance with applicable law, and in ways that are proportionate and necessary for the purposes stated. We are committed to transparency about our data practices. Questions? Contact us at Section 16.

Section 1 - What Personal Information We Collect

We may collect the following categories of personal information:

1.1 Information You Provide Directly

Personal Identifiers — first/last name, physical address, phone number, email address.

Account Information — email address used for account access and login verification codes.

Demographic Information — date of birth (for age verification).

Identity Verification Information — driver’s license information or government-issued ID images, collected for age verification purposes. Treated as sensitive personal information. See Section 1.3.

Order and Purchase History — products ordered, transaction dates, amounts.

Payment Information — credit card or other payment details. See Section 5.

Marketing Preferences — preferences for marketing communications and engagement data.

Communications with Us — phone, email, web form, chat contents, transcripts, and message history.

1.2 Information Collected Automatically

When you visit our Website, we automatically collect information via cookies, pixels, tracking technologies, and analytics tools:

• Device and Technical Information — OS, IP address, browser type/language, access times.
• Approximate Geolocation — derived from your IP address. We do not collect GPS-level location without explicit consent.
• Usage Information — pages visited, elements interacted with, features used, metadata.
• Referring Website — the site you visited immediately before ours.

See Section 4 for a complete list of all tracking technologies, providers, and opt-out options.

1.3 Sensitive Personal Information

Certain data categories receive heightened legal protection. We treat the following categories as sensitive personal information:

Data Minimization: We collect sensitive personal information only to the extent strictly necessary for the specific purpose for which it is collected, in accordance with applicable law including Maryland’s MODPA. We do not use sensitive personal information for advertising, profiling, or any secondary purpose.

1.4 Information from Third Parties

We may receive information about you from:

• Data enrichment and marketing partners — services that supply or append information about our customers, such as contact details, demographic information, and shopping interests, to help us understand and communicate with our customers (see the provider table in Section 6.1).
• Advertising and analytics partners — for targeted advertising and website analysis.
• Social media platforms — if you interact with our content or connect your account.

Section 2 - How We Use Your Personal Information

We use personal information only for the purposes described below, consistently with the purpose for which it was collected, and as permitted by applicable law.

2.1 To Provide and Improve Our Services

• Create, manage, and secure your account.
• Process orders, payments, and transactions.
• Provide receipts, invoices, order confirmations, and shipping updates.
• Investigate and resolve bugs and operational issues.
• Conduct analysis, testing, and research to improve our Services.

2.2 To Communicate with You

• Respond to your questions, comments, and requests.
• Provide customer support.
• Send transactional messages including confirmations, invoices, security alerts, and administrative messages.

2.3 For Advertising and Marketing

• Communicate with you about promotions, new products, and news from Mood, our partners, and our corporate affiliates.
• Deliver targeted advertisements through our Services, third-party sites, and via email (with your consent where required by law).
• Analyze and optimize marketing campaign performance.
• Combine your information with third-party data to better understand your preferences.

You may opt out of marketing at any time. See Section 9.

2.4 To Verify Your Age and Identity

• Verify that you are at least 21 years of age, as required by applicable law and our Terms of Service.
• Comply with state and local regulations governing the sale of our products.

2.5 To Ensure Security and Prevent Fraud

• Detect, investigate, and prevent fraudulent, unauthorized, or illegal activity.
• Verify identity and prevent unauthorized account access.

2.6 To Comply with Legal Obligations

• Fulfill legal and regulatory obligations.
• Respond to court orders, summons, warrants, and government authority requests.
• Establish, exercise, or defend legal rights and participate in legal proceedings.

2.7 Automated Processing and Profiling

We may use automated processing tools, including artificial intelligence, in connection with the following activities:

• Age and identity verification. We use AgeChecker to verify that purchasers are at least 21 years of age, as required by applicable law. If automated verification cannot confirm your age or identity, your purchase may be paused or declined pending further verification.
• Fraud detection and prevention. We use SEON to screen transactions and accounts for indicators of fraudulent, unauthorized, or illegal activity. A flagged transaction may be automatically declined or held for review.
• Product recommendations (if applicable).
• Customer support automation (e.g., chatbot responses).
• Operational efficiency improvements.

Automated decisions that decline a purchase or flag an account are subject to human review. If your transaction is declined or your account is restricted and you believe this occurred in error, contact us at team@mood.com (Subject: “Transaction Review”), and a member of our team will review the decision.

Because age verification is required by law, and because fraud screening is necessary to protect the security and integrity of our Services, these processes cannot be opted out of. You may, however, request human review of any adverse decision as described above.

We do not use automated processing to make solely-automated final decisions about eligibility for financial products, employment, housing, or other high-stakes determinations.

Section 3 - How We Obtain and Handle Your Consent

3.1 How We Obtain Your Consent

By creating an account, placing an order, or otherwise providing us with personal information to complete a transaction, you consent to our collection and use of that information as described in this Privacy Policy.

You may opt out of marketing communications and non-essential cookies at any time (see Sections 3.2 and 4). Where consent is required by applicable law - for example, for text-message marketing - we obtain it separately before sending. You may decline without affecting your ability to make purchases.

3.2 How to Withdraw Your Consent

• Marketing emails: click ‘Unsubscribe’ at the bottom of any marketing email, or email team@mood.com.
• Marketing text messages: reply STOP to any message, or email team@mood.com.
• Non-essential cookies: adjust your browser settings (see Section 4.1), or use our cookie preference tool where available.
• Targeted advertising: use the opt-out mechanisms in Section 4.3 and Section 9.

Withdrawing consent does not affect the lawfulness of processing that occurred before withdrawal. Withdrawal of consent for certain uses may limit some Service features.

3.3 Text Messaging (SMS/MMS)

Information We Collect Through Text Messaging: When you opt in to receive text messages from Mood or communicate with us via SMS, we collect: your mobile phone number; the date, time, and method by which you provided consent (e.g., web form, checkout); the content of messages you send to us; opt-out requests and how they were submitted; and message delivery metadata provided by our SMS platform.

How We Use This Information: We use your mobile phone number and SMS data to: send order confirmations, shipping updates, and delivery notifications; send promotional and marketing messages where you have separately consented; honor opt-out requests and maintain required suppression records; and monitor compliance with applicable regulations and improve our messaging programs.

How We Share Your Phone Number: We do not sell, rent, or share your mobile phone number or SMS opt-in data with third parties or with our corporate affiliates for their marketing purposes. We may share your phone number and SMS-related data only with: our SMS platform and messaging service providers, who send messages on our behalf and are bound by confidentiality obligations; legal, regulatory, or government authorities when required by applicable law; and successor entities in connection with a merger, acquisition, or sale of assets. Text messaging originator opt-in data and consent will not be shared with any third parties.

Consent and Opt-Out: We send marketing text messages only with your prior express written consent, and your consent is not a condition of any purchase. Message frequency varies; message and data rates may apply. You may opt out at any time by replying STOP to any message or by emailing team@mood.com; after you opt out, you will receive one confirmation message and no further marketing texts. Reply HELP for help. Opting out of marketing texts does not stop transactional messages about your orders (such as shipping and delivery updates) unless you separately request removal from all text communications.

Retention and Security: We retain records of your SMS opt-in consent and opt-out requests for as long as necessary to demonstrate compliance with applicable law and to resolve disputes. Standard SMS and MMS transmissions are not end-to-end encrypted, and we limit the personal information included in text messages.

Section 4 - Cookies and Tracking Technologies

4.1 What Are Cookies?

A cookie is a small file placed on your device when you visit our Website. We use:

• Functional Cookies — essential for Website operation (cart, login, session). Required for core functionality.
• Performance / Analytics Cookies — collect usage data to help us improve the Website.
• Advertising / Targeting Cookies — deliver interest-based advertisements and track ad performance.
• Social Media Cookies — enable social sharing and may track your visits from social platforms.

Session cookies are deleted when you close your browser. Persistent cookies remain until they expire or are deleted; most of ours expire between 30 minutes and two years.

4.2 Tracking Technologies We Use

The following table describes the categories of tracking technologies deployed on our Website, with representative providers, purposes, and typical durations. Specific cookies and providers change from time to time; current details are available on request at team@mood.com.

4.3 Your Opt-Out Options

Browser Controls: Most browsers allow you to refuse, block, or delete cookies via Settings. Visit www.allaboutcookies.org for guidance. Note: blocking cookies may affect site functionality.

Platform-Specific Opt-Outs: You may opt out of targeted advertising directly:

• Facebook/Meta: https://www.facebook.com/settings/?tab=ads
• Google Ads: https://www.google.com/settings/ads/anonymous
• Microsoft/Bing Ads: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Industry Tools:

• Digital Advertising Alliance (DAA): https://optout.aboutads.info/
• Network Advertising Initiative (NAI): https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

Additional Opt-Out Method: In addition to the browser and platform tools described above and in Section 9.2, you may opt out of the sale or sharing of your personal information for targeted advertising at any time by emailing team@mood.com with the subject line ‘Privacy Rights Request.’ We honor verified opt-out requests from residents of all states that provide this right.

Opting out of advertising cookies does not remove ads - it means ads you see will be less tailored to your interests.

Section 5 - Payment Processing

Our online store is hosted on Shopify, which allows us to sell products and services to you.

When you provide payment information, we transmit it to our PCI-DSS compliant payment gateway using SSL/TLS technology with AES-256 encryption. All payment gateways comply with PCI-DSS standards managed by the PCI Security Standards Council (Visa, MasterCard, American Express, Discover).

Payments are processed through our payment gateway, Authorize.Net, which routes transactions to our payment processor, TSYS.

Your payment card information may be stored in tokenized form by our payment processor if you opt in to save your payment method for future purchases or maintain a recurring subscription. You may remove stored payment information at any time through your account settings or by contacting team@mood.com.

Section 6 - How We Share Your Personal Information

We may share your personal information as described below. Where required by applicable law, we obtain your consent before sharing. Some of the sharing described in this Section, including sharing with our corporate affiliates for their own marketing purposes and sharing with advertising partners, may constitute a “sale” or “sharing” of personal information under certain state privacy laws, even though we do not sell your personal information for money. You may opt out of these disclosures at any time as described in Section 9.

6.1 Service Providers

We share personal information with service providers who perform services on our behalf. Providers are contractually prohibited from using your data for any purpose other than the specific services they provide to us.

6.2 Advertising and Analytics Partners

With your consent where required by law, we share information with advertising and analytics partners via cookies, pixels, server-side connections, and similar technologies for targeted advertising, campaign measurement, and website analysis. These partners currently include Meta (Facebook/Instagram), Google (Google Ads, Floodlight, and Google Analytics), Snap, Taboola, Outbrain, AppLovin, connected-TV, audio, and podcast measurement providers, and affiliate networks.

The information shared includes online identifiers (cookie and device IDs, click IDs), IP address, and information about your activity on our Website, and, for conversion measurement and audience matching, may include identifiers such as your email address, phone number, and order information. We may also create audience segments from our customer data and share them with advertising platforms for marketing purposes. This sharing may constitute a “sale” or “sharing” of personal information under certain state privacy laws; see Section 4 for details and Section 9 for your opt-out options.

6.3 Legal Compliance and Protection

• Comply with applicable law, regulations, or legal process (court orders, summons, warrants).
• Respond to lawful government authority requests.
• Protect our rights and property and enforce our agreements.
• Prevent or investigate fraud and illegal activity.
• Protect personal safety in an emergency.

6.4 Business Transactions

We may share personal information in connection with a merger, acquisition, sale, financing, divestiture, dissolution, or other transfer of all or a portion of our business or assets. Any acquiring entity will assume the obligations in this Privacy Policy.

6.5 Corporate Affiliates

We may share your personal information - including your name, email address, and purchase history - with members of our corporate family, meaning entities that control, are controlled by, or are under common control with Delphi Advisory Group, LLC. Our corporate family currently includes Mood Wholesale, LLC, Mood E-Commerce, LLC, Nock Fulfillment, LLC and Fractus Health, Inc. d/b/a Leven Health, and may include additional affiliates in the future.

We share personal information with our corporate affiliates for the following purposes:

• To operate, administer, and improve our collective business, including shared administrative, technical, and operational functions.
• To offer you products and services from our corporate affiliates that we believe may interest you, including marketing communications sent by or on behalf of an affiliate.
• To comply with legal obligations that apply across our corporate family.

Our affiliates are required to handle your personal information in a manner consistent with this Privacy Policy. Because certain affiliates operate under brand names other than Mood, sharing with those affiliates for their own marketing purposes may be treated as a disclosure to a “third party” or as a “sale” of personal information under certain state laws. You may opt out of this sharing at any time by emailing team@mood.com with the subject line “Affiliate Sharing Opt-Out.” If you opt out of marketing communications from Mood, we will not share your contact information with our affiliates for their marketing purposes, and we will communicate your opt-out to any affiliate that previously received your information.

Section 7 - Security and Data Breach Notification

We maintain physical, technical, organizational, and administrative safeguards designed to protect your personal information from unauthorized access, use, disclosure, loss, alteration, or destruction, including SSL/TLS transmission encryption and AES-256 encryption for payment data.

Your account is protected by a one-time login code sent to your email address each time you sign in; we do not use permanent account passwords. We will never contact you to ask for your login code. Anyone who contacts you requesting a code sent to your email is attempting to gain unauthorized access to your account - do not share it. Because your account security depends on access to your email, we encourage you to protect your email account with a strong password and two-factor authentication. If you believe your Mood account or the email address associated with it has been compromised, contact us immediately at team@mood.com.

We cannot guarantee the absolute security of information transmitted over the internet. Any transmission is at your own risk.

Data Breach Notification: In the event of a security incident that results in the unauthorized access, disclosure, or acquisition of your personal information, we will notify you and, where required, regulatory authorities within the timeframes required by applicable law after we discover or are notified of the incident, consistent with the legitimate needs of law enforcement and the time reasonably necessary to determine the scope of the incident and restore the integrity of our systems.

Section 8 - How Long We Keep Your Information

We retain personal information only as long as necessary for the purposes described in this Privacy Policy, and as required or permitted by applicable law. Retention periods depend on:

• The purpose for which data was collected (e.g., active account management vs. legal compliance).
• The length of our relationship with you.
• Our legal obligations (e.g., tax records, regulatory requirements).
• Our legal position (e.g., active disputes, statute of limitations periods).
• Industry best practices for the type of data involved.

When personal information is no longer needed, we will securely delete or anonymize it. Where immediate deletion is not possible (e.g., backup systems), we isolate the data from further processing pending deletion.

Section 9 - Your Privacy Rights and Choices

Mood respects your right to understand and control how your personal information is used.

9.1 Your Rights by State

9.2 How to Manage Your Preferences

Account Information: Log in to your account and visit your profile page to review and update your information.

Email Marketing: Click ‘Unsubscribe’ in any marketing email, or contact team@mood.com.

Text Message Marketing: Reply STOP to any message, or email team@mood.com. See Section 3.3.

Cookies / Tracking: Use browser settings or our platform opt-out tools (see Section 4.3).

Targeted Advertising Opt-Out: Use the platform-specific links and browser controls in Section 4.3, or email team@mood.com with the subject line “Privacy Rights Request.”

Affiliate Sharing Opt-Out: You may opt out of the sharing of your personal information with our corporate affiliates for their own marketing purposes (see Section 6.5) at any time, by emailing us at team@mood.com with the subject line “Affiliate Sharing Opt-Out.” If you have already opted out of marketing communications from Mood, you do not need to submit a separate request. We will not share your contact information with our affiliates for their marketing purposes and we will communicate your opt-out to any affiliate that previously received your information. Opting out of affiliate sharing does not affect sharing described in Section 6.5 for operational, administrative, or legal compliance purposes.

9.3 How to Submit a Rights Request

• Email: team@mood.com (Subject: ‘Privacy Rights Request’)
• Phone: +1 405-594-7026

We verify your identity before processing requests. You may designate an authorized agent by providing written permission and independently verifying your identity with us.

We respond to verified requests within 45 days. Extensions will be communicated with reason. Denials will include an explanation and appeal instructions.

Right to Appeal: If we deny your request, you may appeal within 45 days by replying to our denial or emailing team@mood.com (Subject: ‘Privacy Rights Appeal’). If your appeal is denied, we will provide information about filing a complaint with your state attorney general.

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

Section 10 - State-Specific Privacy Rights

10.1 California Residents

California residents have rights under the CCPA as amended by the CPRA, CalOPPA, and other California laws.

See our California Privacy Notice for a complete description of your California rights, including the right to limit use of sensitive personal information.

Shine the Light: We may share personal information with our corporate affiliates, including affiliates that do not share the Mood brand name, for those affiliates’ own direct marketing purposes, as described in Section 6.5. California residents may opt out of this sharing at no cost at any time by using any of the methods described in Section 6.5 or Section 9.3. Because we provide this cost-free opt-out, we comply with California’s Shine the Light law by offering you this choice rather than by providing an annual disclosure report. California residents may contact us at team@mood.com (Subject: “California Shine the Light”) with questions about this sharing or to exercise the opt-out.

Notice of Financial Incentive: We offer financial incentives, including a first-purchase discount, in exchange for joining our marketing email list. California residents may review our full Notice of Financial Incentive in our California Privacy Notice.

10.2 Colorado, Connecticut, Virginia, Texas, Oregon, Montana, Minnesota, Maryland, New Jersey, New Hampshire, Delaware, Nebraska, Indiana, Kentucky, Rhode Island

Residents of these states have rights substantially as described in Section 9.1 — including the right to access, delete, correct, port, opt out of sale/sharing, opt out of profiling, and appeal denials. To exercise rights, use the contact information in Section 9.3.

Important — Rhode Island: Rhode Island’s privacy law (effective January 1, 2026) provides no cure period. Violations must be addressed proactively.

Important — Maryland (effective April 1, 2026): Maryland’s MODPA is the most restrictive U.S. state law on sensitive data processing. We do not process sensitive personal information for any purpose beyond what is strictly necessary for the service you requested.

10.3 Nevada

Nevada residents may opt out of the sale of covered information by contacting us at team@mood.com (Subject: ‘Nevada Privacy Rights’) or +1 405-594-7026.

10.4 Do Not Track (DNT) Signals

Because there is no universally accepted legal standard for DNT, we do not currently respond to DNT browser signals.

Section 11 - Data Protection Assessments

We conduct internal Data Protection Impact Assessments (DPIAs), also called Privacy Risk Assessments, for processing activities that present heightened risk to consumers’ privacy, as required by applicable law.

Our DPIAs evaluate the purpose and necessity of the processing, the risks to consumers, and the safeguards we apply to mitigate those risks. Completed assessments are maintained internally and made available to regulatory authorities upon request, as required by applicable law.

Section 12 - Third-Party Links and Services

Our Website may contain links to third-party websites or services we do not own or control. When you follow these links, you leave our Website, and this Privacy Policy no longer applies. We are not responsible for the privacy practices of third parties and are not liable for their misuse of your information. We encourage you to read their privacy policies.

Section 13 - Age Restrictions

Our Website and products are intended exclusively for adults. You must be at least 21 years of age, or older where a higher minimum age applies in your jurisdiction, to access our Website, create an account, make a purchase, or provide personal information to us. By using our Website, you represent that you meet this age requirement.

We enforce this restriction through technical measures, not merely self-certification: purchases are subject to age verification through a third-party verification service, which may include confirmation of your date of birth against identity records and, where required, government-issued photo identification (see Sections 1.3 and 2.7).

Our Website and Services are not directed to children, and we do not knowingly collect personal information from anyone under 21, including anyone under 13, within the meaning of the Children’s Online Privacy Protection Act (COPPA). If we learn that we have inadvertently collected personal information from an individual under 21, we will promptly delete it. If you believe we may have information about a person under 21, contact us at team@mood.com (Subject: “Age Restriction”).

Section 14 - Geographic Scope — United States Only

Our Services are intended only for users in the United States. We do not direct our Website to international audiences. By using our Services, you consent to the collection, processing, and use of your personal information in the United States, in accordance with this Privacy Policy. Some of our service providers may process personal information in Canada or other countries; where they do, we require protections consistent with this Privacy Policy. You are responsible for determining whether accessing our Website and purchasing our products is lawful in your jurisdiction.

Section 15 - Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we do, we will post the updated Policy on this page and revise the “Last Updated” date above. If we make material changes, we will provide prominent notice on our Website before the changes take effect and, where required by applicable law, will provide additional notice or obtain your consent, including before using previously collected personal information for materially new purposes. We encourage you to review this Policy periodically. Your continued use of our Services after the effective date of an updated Policy constitutes your acceptance of it.

Section 16 - Contact Us

Questions about this Privacy Policy or your privacy rights? We are here to help:

• Email: team@mood.com | Subject: ‘Privacy Inquiry’
• Phone: +1 405-594-7026
• Mail: Mood E-Commerce, LLC, 1401 Freedom Dr., Charlotte, NC 28208

Older versions

A list of all previous versions of this Privacy Policy can be found below. If you would like to see a previous version of this Privacy Policy, please click on the date of the version you would like to view.

• 07/18/2024