Privacy Policy

California Specialty Farms, LLC and our affiliated entities (“Client”, “we,” “us,” and “our”) appreciate having you visit our website and/or facility and your interest in our products. We are committed to protecting your privacy and personal information that you provide to us when accessing or using our products, our services, or this website (this  ”Website” or  “Site”).  This privacy policy (this “Policy”) explains how we collect, use, disclose, sell, share and retain the information that we collect during your visit to this Site and otherwise.  This Site is intended for use by only U.S. citizens.

 

This policy applies to information we collect:

·                     On this Website.

·                     In email, text, and other electronic messages between you and this Site.

·                     [Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Site.[3]]

·                     [When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.]

 

It does not apply to information collected by:

·         Us offline or through any other means, including on any other website operated by us or any third party [(including our affiliates and subsidiaries)]; or

Any third party [(including our affiliates and subsidiaries)], including through any application or content (including advertising) that may link to or be accessible from or through the Website.[4]

 

This Policy may change over time, so please be sure to reread it from time to time.  Amendments, modifications or changes to this Policy will be posted at this URL and will be effective when posted and supersede this Policy.  Your continued use of this Site following the posting of any amendment, modifications or change to this Policy shall constitute your acceptance thereof.  If you do not agree with the terms in this Policy, please do not use this Site and do not provide any information to us. Unless otherwise defined in this Policy, the terms used in this Policy have the meaning given to them in our Terms of Use, which you can access here: https://[INSERT TOU URL]. 

 

1.       Restrictions

 

This Policy covers your access to this Site. Our Site is not directed to and is not intended for access and use by persons under the age of 16.  We do not intentionally collect or use Personal Data from users that we have reason to believe are under the age of 16. California Business and Professions Code Section 22581 permits minors under the age of 16 years, or their parents or guardians, to request and obtain removal of their information. 

 

To request removal of your personal information please contact us using the methods described in this Policy.  Note that removal under the law does not ensure complete or comprehensive removal of your information.

 

2.       Personal Data Collected 

 

The type of Personal Data (defined below) and Other Data (also defined below) we collect depends on how you interact with this Site. Generally, we gather Personal Data and Other Data as described in Section 4 below. 

 

Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, usage data, phone numbers, and unique device identifiers (“Personal Data”).  We may need to collect and process Personal Data in order to provide requested information, products or services to you (including this Site) or because we are legally required to do so.

 

•          Account Registration.  We request Personal Data from you if you register or create a client account.  The registration process requests that you provide your name, email address, address, phone number, company affiliation, if any, and other similar information.[5]  This information must be stored on this Site, and is accessible to anyone with whom you share your username and password. For this reason, please safeguard your username and password carefully and do not disclose it to any other person.

 

•          Voluntary Disclosure.  We may collect Personal Data voluntarily provided by you, including in emails to this Site, online forms, order and registration forms, surveys, promotion participation, phone calls and online chats with our customer service staff and through other means.

 

•          Payment Services[6].  We may use third-party payment services (each, a “Payment Service”), such as Shopify, to collect payments made through this Site.  If you wish to make a payment through this Site, you may be directed to a webpage that is hosted by the Payment Service (or the Payment Service’s service providers) and not by us.  Any Personal Data that you provide through a Payment Service page will be collected by Payment Service and not by us, and will be subject to Payment Service’s privacy policy, rather than this Policy.  We have no control over, and are not responsible for, Payment Service’s use of information collected through the Payment Service page. Therefore, we recommend that you review the terms of use and privacy policy of any Payment Service prior to use.

 

•          Log data. We may collect log data, such as network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.

 

•          Usage information. We may collect usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information), content interactions (including searches, views, downloads, and prints), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction, and similar data).

 

•          Other Means.  We may collect information through various other means, including from selected third-party business partners that we may utilize to deliver certain content, products, or services or to enhance your experience.

 

[7]We ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through this Site or otherwise to us.

 

3.       Use and Disclosure of Personal Data 

 

Our primary goal in collecting, using, and sharing your information is to enhance and improve our services. To that end, we will only use Personal Data for legitimate business purposes, including the following[8]:

 

•          Fulfillment of Requests.  We may use Personal Data about you (a) to deliver products and services to you, (b) provide you with information about products and services you’ve ordered, (c) for internal research and development purposes, (d) when it is necessary for employees, agents and contractors to operate or maintain this Site or to correct a technical problem, (e) to detect and prevent fraud and abuse to ensure the security and protection of all customers and others, such as to verify the existence or condition of your account; (f)  to comply with the law and our legal obligations, including to respond to a request or order from a court, regulator, or government authority; and (g) to effectuate the sale, merger, acquisition, or other disposition of our assets or business (including in connection with any bankruptcy or similar proceedings). We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

 

•          Other Communications.  From time to time, we may use Personal Data about you to inform you of products, programs, services and promotions that we believe may be of interest to you.  If you or your employer is one of our customers, we may also inform you of such products, programs, services and promotions using Personal Data about you that you or your employer provided to us.  If you would prefer that we not send electronic marketing messages to you, please see the “opt-out” section below.

 

•          Promotions[9].  We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”). If you choose to enter the Promotions, we typically ask you for certain Personal Data when you enter and, if applicable, win a Promotion.  You should carefully review the rules of each Promotion in which you participate, as they may contain additional important information about our use of Personal Data about you.  To the extent that the terms and conditions of such rules concerning the treatment of your Personal Data conflict with this Policy, the terms and conditions of such rules shall control.  We use this information to operate the Promotions.

 

•          Other Business Purposes.  We may also use Personal Data about you for other business purposes, such as data analysis (for example, to improve the efficiency of our Site), editorial and feedback purposes, providing customer support, customizing and improving the content and layout of this Site, completing business transactions (for example, to confirm content requested is received by users), development of marketing and promotion plans and materials, statistical analysis of user behavior (for example, to understand what parts of this Site are of most interest to users), product development, market research, administering individual accounts, and meeting government regulatory requirements such as sales tax collection, audits, etc.  We may also use Personal Data of journalist/media contacts for press release distribution or sharing other newsworthy developments related to our business activities.  We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

 

•          Administrative Communications.  We reserve the right to use Personal Data to send to you important information regarding this Site, products, services, your account status, changes to this Site’s terms of use, this Policy, or any other policies, agreements or transactions relevant to your use of this Site, products and/or services. Because this information may be important to your use of this Site, products and/or services, you may not opt-out of receiving such communications.  We will engage in this activity to manage our contractual relationship with you and/or to comply with a legal obligation. 

 

We may disclose Personal Data for the following purposes:

 

•          When You Consent. We may share Personal information with third parties if you have given us your consent to do so.

 

•          Third-Party Service Providers.  We may provide Personal Data to third-party service providers, who provide services to us, including but not limited to, data analysis, order fulfillment, payment processing, and other services.

 

•          Affiliate Communications.  We may transfer Personal Data among our affiliates  to allow our affiliates to contact you regarding products, programs, services and promotions that they believe may be of interest to you, and such affiliates may otherwise use your Personal Data in accordance with this Policy.  If you would prefer not to receive marketing communications from us or our affiliates, please see the “opt-out” section below.  We will be the party responsible for jointly-used Personal Data.

 

•          Strategic Partners and Co-Branded Sites.  From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with us to provide or promote joint products, services, applications, or features (together, “Jointly Offered Items”).  These special relationships may include co-branded web sites (“co-branded pages”).  Any information, including Personal Data that you provide in connection with one of these Jointly Offered Items, and/or on one of these co-branded pages will be shared with our third-party partners.  You should check these third parties’ web sites for information regarding their privacy practices. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.  If you do not want Personal Data about you shared with such third parties, please do not provide Personal Data in connection with the Jointly Offered Items and/or co-branded pages.

 

•          Conferences and Events.  When you attend a conference or event organized by us, your name and contact information may be shared with other attendees.

 

•          Promotions.  We may share the Personal Data you provide in connection with Promotions with third-party sponsors of such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to those Promotions.

 

•          Assignment.  We may disclose or transfer any and all Personal Data that we collect to an affiliated entity or a third party (and their respective advisors) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

 

•          Law Enforcement; Emergencies; Compliance.  We may use and disclose Personal Data about you to others as we believe to be appropriate:  (a) in compliance with laws, rules, or regulations; (b) to comply with legal process; (c) to respond to requests from government or public authorities; (d) to enforce our Site’s terms of use; (e) to protect our operations or those of any affiliated entities; (f) to protect the rights, privacy, safety or property of us, our affiliated entities, you, or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.  For example, we may, to the fullest extent the law allows, disclose Personal Data about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

 

4.       Collection and Use of Other Data   

Our service providers and we may also collect and use the following types of data, referred to in this Policy as “Other Data”:

 

•          Monitoring Data.  Our service providers and we may collect and/or track other information such as demographic information, domain names, computer type, browser types, screen resolution, and other statistical data involving the use of this Site (“Monitoring Data”).  We use Monitoring Data to help us understand who uses this Site and to improve and market it, as well as our other websites and services.  Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.

 

•          Aggregated Data.  We may aggregate Personal Data in a manner such that the end-product does not personally identify you or any other user of this Site, for example, by using information to calculate the percentage of our users who have a particular telephone area code.  Such aggregate information may also be used for any purpose.

 

•          Cookies[10].  To enhance the Internet experience on this Site, our service providers and we may use ‘cookies’ on this Site.  Cookies are data that a web server transfers to an individual’s computer for recordkeeping and other purposes.  We use cookies and other technologies to facilitate users’ ongoing access to and use of our Site.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer.  If cookies are disabled, however, all features of this Site may not operate as intended. Information about disabling cookies can be found on your Internet browser provider’s web site.  This Site may have a Cookie Policy[11] that applies to its use of cookies and other similar tracking technologies. If it does, then the Cookie Policy will apply in addition to this Policy. We may use the following types of cookies:

 

o   Strictly Necessary. These include cookies that are required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual “carts” for e-commerce functionality.

 

o   Analytics and Performance. Performance cookies collect information on how users interact with our Site, including what pages are visited most, as well as other analytical data. We use these details to improve how our Site functions and to understand how users interact with our Sites.

 

o   Functionality. These cookies are used to store preferences set by users, such as account name and language.

 

o   Security. We use these cookies to help identify and prevent potential security risks.

 

o   Advertising. These cookies are used to display relevant advertising to users who use our Site, as well as to understand and report on the efficacy of ads served on our Site. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products you’ve viewed or acts you have taken.

 

o   Third-Party / Embedded Content. Our Site may utilize third-party applications and services to enhance the experience of use of our Site. These third-parties may use cookies [alone or in conjunction with web beacons or other tracking technologies] to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

•          Tools.  Our service providers and we may also use various common Internet tools such as ‘pixel tags,’ ‘action tags,’ ‘web beacons,’ ‘gif tags,’ ‘JavaScript’ or similar technologies (together, “Tools”) in connection with Site pages and email messages in certain formats to, among other things, track the actions of Site users and email recipients, to determine the success of marketing campaigns and to compile statistics about Site usage and response rates.  Tools allow us to count users who have visited certain pages of this Site, and to help determine the effectiveness of promotional or advertising campaigns.  When used in email messages in certain formats, Tools can tell the sender whether and when the email has been opened. 

 

We use cookies and Tools to understand how this Site is used and to customize and enhance the Internet experience of individual users.  When you revisit this Site, we may recognize you through a Tool and customize your experience.  For example, once you have completed the registration process, a cookie and/or Tool will be used to avoid having you register again. We believe cookies and Tools add value to the user experience.

 

•          HubSpot Analytics, Google Analytics[12].  We may use Google Analytics, HubSpot Analytics and other similar programs which each use cookies and other similar technologies, to collect and analyze information about Site use and to report on activities and trends.  These programs may also collect information regarding the use of other websites, apps and online resources.

 

•          Verification.  We may use third-party services to verify that you are a human user.  Any information collected as part of such verification is subject to the privacy policy of the third-party service provider.

 

•          IP Addresses.  When you visit and interact with this Site, we and our third-party service providers may collect Internet Protocol (IP) addresses.  Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  This number is identified and logged automatically in our server log files whenever you visit this Site, along with the time(s) of your visit(s) and the page(s) that you visited.  We use IP addresses to understand how this Site is used by our users, to improve this Site and to enhance user experience of this Site.  We may also use your IP address to help diagnose problems with our server and to administer our Site.  We may also derive your approximate location from your IP address.

 

[We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here [URL LINK TO DO NOT TRACK DISCLOSURES] for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.][13]

 

5.       Our Advertising[14]

 

We may use third-party advertising companies to serve advertisements regarding products and Services that may be of interest to you when you access and use this Site, our apps and other websites or online services, based on information relating to your access to and use of this Site and other websites or online services on any of your devices, as well as on information received from third parties.  To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).  They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

 

6.       Security 

 

We may store your Personal Data.  This information is retained and used in accordance with existing laws, rules, regulations, and other policies.

While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to ensure the safety of your Personal Data.  Personal Data is stored on our server and is not publicly accessible.  We take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control[15].  Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing and/or obtaining this information.  We are not responsible for any breach of its security or for the actions of any third parties that may obtain any Personal Data.  You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of this Site.  We do not make, and expressly disclaim, any representation or warranty, express or implied, regarding the security or integrity of this Site and your Personal Data.

 

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem immediately by sending an email to [16]_________________.

 

7.       Data Integrity; Retention Period  

We will use Personal Data only in ways that are compatible with the purposes for which it was collected, authorized by this Policy, or authorized by you.  We will take reasonable steps to ensure that Personal Data is relevant to its intended use, and is accurate, complete, and current (as provided by you).  We depend on you to update or correct your Personal Data whenever necessary.

 

We will retain Personal Data about you for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).  

8.       CONSENT

By visiting our Site, you expressly consent to the collection and use by us of Personal Data according to this  Policy.

 

9.       Choice; Opt-Out 

We give you choices regarding our use and disclosure of your Personal Data for marketing purposes.

 

•          If you no longer want to receive marketing-related emails from us on a going-forward basis, you may stop receiving these marketing-related emails by sending an email to [17]_______________________.

 

•          If you would prefer that we do not share your Personal Data on a going-forward basis with our affiliates or with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an email to [18]_____________________.

 

We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you exercise the second option as described above, we will not be able to remove your Personal Data from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Data (i.e., to which we have already provided your Personal Data as of the date that we implement your request).  Further, please note that requesting us not to share your Personal Data with affiliates or unaffiliated third parties may result in you no longer receiving any marketing emails from us.  Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages.

 

You may also indicate your choices regarding marketing-related emails by contacting us via postal mail or telephone using our contact information below, or if you have a profile/account, by changing your preferences on the profile/account at any time.       

10.   Correct; Update; Accessibility; Conflicts

If you would like to request to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may make a request by contacting us by sending an email to [19]______________.  We will respond to your request consistent with applicable law.  For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable and consistent with applicable law.  Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion.  There may also be residual information that will remain within our databases and other records, which will not be removed.

 

We are committed to ensuring this Policy is accessible to individuals with disabilities.  If you wish to access this Policy in an alternative format, please contact us by sending an email to [20]______________. Depending on the specific interactions you have with us, we may provide different or supplemental privacy statements that describe and govern how we use your personal information. When we do so, those different or supplemental privacy statements apply to those specific interactions you have with us.

 

11.   Links

 

This Site may contain links to other Internet web sites, including social media sites and third-party hosted collaboration tools.  These linked sites are not under our control.  We provide links only as a convenience, and we do not endorse or control, and are not responsible for, the privacy practices or the content of these linked sites.  If you provide any Personal Data through any third-party web site, or choose to communicate with us using third-party collaboration tools or other social media platforms, your transaction will occur on that third party’s web site (not this Site) and the Personal Data you provide 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 such third parties.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, AFFILIATED ENTITIES THAT DO NOT POST OR LINK DIRECTLY TO THIS POLICY.

12.   Governing Law and Enforcement of Privacy Policy

 

Use of this Site and this Policy is governed by United States law and the laws of the State of California.  If you are accessing this Site or services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing this Site, you are transferring your Personal Data and Other Data to the United States and you consent to the application of the laws of the United States and the State of California with respect to use of this Site and Services and any dispute regarding this Site or this Policy.  You further irrevocably consent to the exclusive jurisdiction of, and agree that venue is proper in, the state and federal courts located in Fresno County, California; provided, however, that if the state and federal courts in Fresno County, California are found not to have exclusive jurisdiction, then any controversy between the parties to this agreement involving the construction or application of any of the terms, covenants, or conditions of this Policy shall be submitted to binding arbitration. The arbitration shall be conducted in Fresno, California, and be in accordance with the rules established by the American Arbitration Association,  and include limited discovery to be in accordance with and governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.  The prevailing party shall be entitled to recover its reasonable costs and expenses of arbitration, including reasonable attorneys’ fees.  Nothing in this section or agreement shall limit or impair us from seeking and obtaining temporary and permanent injunctive relief to enforce the terms of this Policy.

 

If any provision of this Policy is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law, the validity of the remaining portions or provisions shall remain in full force and effect.

 

13.   CLASS ACTION WAIVER

 

By using our Site or services, you agree to resolve any disputes, claims, or controversies with us individually, and you expressly waive any right to participate in a class action, collective action, or representative action.

 

Specifically, you agree that:

·         Any dispute or claim arising from or related to your use of the Site, services, or this Privacy Policy, shall be resolved on an individual basis.

·         You will not initiate, join, or participate in any class action, collective action, or representative action, whether as a plaintiff, member of a class, or in any other capacity, against us or any of our affiliates.

·         This waiver applies to any claims that you may have against us, our employees, affiliates, agents, or service providers related to your use of our website or services, including but not limited to claims related to privacy, data security, or breach of contract.

This Class Action Waiver does not prevent you from pursuing claims on an individual basis through arbitration, as outlined in the Terms of Service, as applicable.

 

If any part of this Class Action Waiver is found to be unenforceable or invalid by a court of competent jurisdiction, the remainder of this Privacy Policy and our Terms of Service will remain in full force and effect.

 

14.   Do Not Track Disclosures[21]

 

Some third party sites may track your actions when you are browsing and accessing content.  You may be able to set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

15.   Cross Border Transfer of Personal Data

 

Your Personal Data may be stored and processed in any country where we have facilities or in which we engage service providers.  If you are accessing this Site from outside the United States, you may be sending information, including Personal Data to the United States where our servers are located.  That information may be transferred within the United States or back out of the United States to other countries outside your country of residence.  These countries do not necessarily have data protection laws as comprehensive as those in your country.  Information transferred to the United States or another country is subject to the laws of that country and may be disclosed or accessed in accordance with those laws.  By transferring information or allowing information to be transferred to us, you consent to the transfer, processing and storage in countries outside your country of residence.  In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

 

16.   Contact Us.

If you have any questions about this Policy or the practices of this Site or if you would like to request that we disclose or you wish to exercise any rights granted to you by statute (such as those granted to you by the CCPA, or other applicable statute), please complete this interactive form at [insert link here] [22]or feel free to contact us at:

 

Client [INSERT CLIENT NAME AND ADDRESS]

ATTN: Legal Compliance

Email: ___________

 

16.   CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS

 

California residents are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act as amended by the California Privacy Rights Act and their regulations the “CCPA” (California Civil Code Section 1798.100 et. seq.), as well as the "Shine the Light" Law (California Civil Code section 1798.83).  To learn more about your rights under these laws, please visit our “California Privacy Policy” at [insert link to here[23]] or contact us pursuant to the “Contact Us” section of this Policy.  In the case of any discrepancies between this Privacy Policy and your rights under the California Privacy Policy, your rights under the California Privacy Policy will govern.

 

Notice of Financial Incentive

In some instances, we may offer various types of incentives in exchange for the collection of your Personal Information, such as discounts, promotional codes, prices as part of a sweepstake entry or contest, participation in surveys, exclusive offers when you sign up to receive our marketing emails and other programs. The amount and terms of such incentives will be presented to you at the time of the offer or program. When you participate in or sign up for one of these offers or programs, we collect Personal Information from you, such as identifiers like your name, email address and/or phone number.

 

Because these activities involve the collection of Personal Information as well as the offering of various benefits, they might be interpreted as providing a “financial incentive” under California law. To the extent that we derive value from the collection of your Personal Information, we reasonably estimate the value of the financial incentive to be equal to the value we receive from the Personal Information collected. We estimate the value of a consumer’s Personal Information by directly relating it to the expenses which might be incurred in the provision of each incentive and the collection, storage, and use of such Personal Information in the operation of our business.

 

Participation in our financial incentives is voluntary. You may opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt out or withdraw at any time by unsubscribing from our marketing communications or terminating the participation in the sweepstake or contest prospectively by following the instructions in the applicable terms.

 

 

17.   NEVADA RESIDENTS: YOUR PRIVACY RIGHTS

 

Nevada consumers may opt out of the sale of certain information that a website operator may collect about them.  We do not sell [24]your Personal Information to third-parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.  To make such a request, please contact us using the methods described in the “Contact Us” section of this Policy.  In the case of any discrepancies between this Privacy Policy and your rights under relevant Nevada statutes, your rights under the statutes will govern.

 

COLORADO, CONNECTICUT, DELAWARE, FLORIDA, INDIANA, IOWA, KENTUCKY, MONTANA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TENNESSEE, TEXAS, UTAH AND VIRGINIA PRIVACY RIGHTS

You may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To exercise these rights, contact us at [Insert Link to Contact Us Section] or refer to the contact details at the bottom of this document. Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

 

CALIFORNIA PRIVACY POLICY[25]                                                                                                 Last Updated: ^[26]              

California residents have certain additional rights with respect to their personal information under the California Consumer Privacy Act, as amended by the California Privacy Rights Act and implementing regulations (the “CCPA” California Civil Code section 1798.100 et seq.) and the Shine the Light Act (California Civil Code section 1798.83) (“California Rights”). For more information about your California Rights, please contact us in accordance with the “Contact Us^[27]” section of this Policy. If there is any discrepancy between this Policy and your California Rights, your rights under the California Privacy Policy shall prevail.

1. YOUR PRIVACY RIGHTS IN CALIFORNIA.

This policy is a supplement to our general privacy policy (“Policy“) for those persons covered by California law. All terms defined in the Policy shall retain the same meaning on this page. As used herein and in any of its supplemental policies, “Personal Information” has the same meaning as in the CCPA.

2. CALIFORNIA Consumer Privacy Act.

California residents have the right to know, the categories and specific items of Personal Information we have collected, the purposes for which such information is collected or used, whether such information was sold, shared or disclosed to third parties[28], and the length of time we intend to retain such information.

California residents also have the right to[29] (1) request deletion of any Personal Information collected; (2) request correction of inaccurate Personal Information; (3) request disclosure of information collected, including specific pieces of Personal Information; and (4) request disclosure of Personal Information sold or shared and to opt out of any such selling or sharing.[30] 

We will not discriminate against you if you exercise your rights under the CCPA. Requests regarding your information can be submitted by (1) calling our toll-free number at [INSERT TOLL FREE NUMBER] or (2) contacting us pursuant to the “Contact Us^[31]” section of our general Privacy Policy.

In order to verify your request, we will require you to submit personal information (such as an email address or telephone number) that will allow us to confirm that you are the consumer about whom we have collected information, or you are an agent authorized by the consumer to act on their behalf. We will review your request and either provide you with a notice that we have complied with your request or an explanation of why we were not able to comply with your request. You may appeal our determination by following the instructions included in a denial. Your authorized agent may make a request via the methods described above but must have access to your telephone number and/or email address and provide written authorization signed by you.

We are strongly committed to not sharing personal information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy.

3. COLLECTION AND USE, DISCLOSURE AND SALE OF PERSONAL INFORMATION.

In general, in the previous 12 months, we have collected, used and/or disclosed the following categories of Personal Information^[32]: Identifiers, Characteristics of Protected Classifications under California or U.S. law, Commercial information, Biometric Information, Internet or other electronic network activity, Geolocation Data, Professional or employment-related information, non-publicly available educational information under the Family Educational Rights and Privacy Act (FERPA) and related regulations, inferences about you, Sensitive Personal Information, and other categories of Personal Information that relate to, describe or can reasonably be associated with you.

For a list of the specific data we collect, may disclose and sell, the sources from which we collect this personal information, and the personal information we use for business and marketing purposes, please visit our “Privacy Disclosure Page^[33]” below.

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We do not knowingly sell or share the personal information of individuals under the age of 16.

4. CCPA OPT-OUT AND LIMITATION ON USE OF SENSITIVE PERSONAL INFORMATION.

We do not sell or share your personal information, including your sensitive personal information.[34] California Civil Code Section 1798.121 permits users who are California residents to limit the use of their Sensitive Personal Information to only that which is necessary for providing products or services to consumers. Opt-out requests and requests to limit use of Sensitive Personal Information may be made by (1) calling our toll-free number                                              or (2) contacting us in accordance with the “Contact Us^[35]” section of our general Privacy Policy.

5. AUTOMATED DECISION MAKING.

Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention.   You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you. We do not envisage that any decisions will be taken about you using automated means, however we will notify you if this position changes[36].

6. SHINE THE LIGHT ACT.

Residents may request certain information about our disclosure of Personal Information to third parties, including our information-sharing practices, including the names and addresses of companies with whom we have shared your personal information, for their direct marketing purposes. To make such a request, please contact us in accordance with the “Contact Us[37]” section of our general privacy policy.

6. ADDITIONAL NOTICES

We may interact with you beyond your activity as a visitor to our Site. In the event that you and the company have a subsequent association, you may have modified and additional rights under California law or as set forth above. The company will notify you and inform you of such change of circumstances before collecting your personal data.

PRIVACY DISCLOSURE PAGE^[38]

1. CALIFORNIA INFORMATION.

This section explains your rights regarding the Personal Information we collect, as set forth in the CCPA. The following chart summarizes our Personal Information collection, use and sharing practices for the previous 12 months since we last updated this policy on [INSERT DATE].

Information Category[39]	Source of Information[40]	Purpose of Collection[41]	Other Parties To Which We Disclose This Information[42]	Retention Period[43]
Identifiers, such as your name, alias, address, e-mail address,  user name, IP address, account name, SSN, driver’s license number or other government ID.	From you.	To process your requests for services, to communicate with you, to improve our services, to enforce our agreements, to enforce our terms of use, to register your account, for the administration and protection of our business, and to comply with applicable laws, regulations, and legal and regulatory processes.	Service providers who help provide services on our behalf.
Personal information categories described in the California Customer Records statute: Signature, physical characteristics or description, state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information[44].	From you.	To process your requests for products or services, to communicate with you, to improve our services, to enforce our agreements, to enforce our terms of use, to register your account, for the administration and protection of our business, and to comply with applicable laws, regulations, and legal and regulatory processes.	Service providers who help provide services on our behalf.
Protected classification characteristics under California law, such as racial, ethnic, or national origin, religion, gender, or sexual orientation	N/A	N/A	N/A
Commercial information, records of products or services purchased, obtained or considered, or other purchase or consumption histories or trends	From you	To process your requests for products or services, to market to you, to improve our services.	N/A
Information about Internet or electronic network activity, for example, browsing history, search history, information about a consumer’s interaction with a website, application or advertisement.	From you or our service providers.	To improve our services, for the administration and protection of our business, and to comply with applicable law, regulations and legal and regulatory processes.	N/A
Geolocation data such as the time and physical location related to use of an internet website, application, or device.	N/A	N/A	N/A
Sensitive Personal Information including (1) biometric information for the purpose of uniquely identifying a consumer,(2) personal information collected and analyzed concerning a consumer’s health, (3) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation, and (4) other personal information including personal identification numbers (e.g. social security, driver’s license, and passport numbers), account or debit or credit card numbers combined with passwords or codes that enable access to the accounts, exact user geolocation, racial or ethnic origin, religious or philosophical beliefs, union membership, mail, email, or text message content (unless intentionally sent to us), and genetic data.[45]	N/A	This is not considered Sensitive Personal Information under the CCPA because, it is not collected for the purpose of inferring your characteristics.	N/A

 

2. RETENTION^[46].

 

Unless otherwise stated above, we will retain categories of your Personal Information only for as long as necessary.  We make this determination based on our relationship with you, applicable laws, and our data retention policies.  We will retain each category of your Personal Information for as long as we have a relationship with you (e.g. for as long as you are a customer and for a reasonable period thereafter). 

 

When determining how long to retain each category of Personal Information after we no longer have a relationship with you, we take into account how long our customers usually want to continue hearing from us, our legal obligations and the expectations of regulators, as well as the length of time information is needed for internal audit purposes and to exercise or defend our legal rights.

 

We also 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, regulatory, tax, accounting or other requirements.

 

We review our retention periods for each category of Personal Information on a regular basis, and all data is retained in compliance with applicable data protection laws.