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California Privacy Rights

Privacy Notice for California Residents and Right to Opt-Out

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. This Privacy Notice for California Residents and Right to Opt-Out (“Notice”) supplements the information contained in the Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). Ocean Spray Cranberries, Inc. and its affiliated entities  (collectively, “Ocean Spray”, "we", "us", or "our") adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. This policy may change from time to time. Your continued use of this Website or failure to object after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect and How We Collect it

For information on how we collect and use your personal information, please review our Privacy Policy, which identifies the categories of information we may collect and the source categories for such personal information. Our Website may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Please note that certain information, pursuant to the CCPA, does not fall into the category of personal information, including without limitation publicly available information from government records; deidentified or aggregated consumer information; health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 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 (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:  

  • Personal details (e.g. name, gender, age, date of birth, place of birth, civil status, nationality)
  • Authentication and identification information (e.g username, password, IP address)
  • Other contact details (such as telephone number, email address, postal address or mobile number)
  • Transactional information (e.g information about your queries, requests or complaints)
  • Information from using cookies and other device identifying technologies (“Cookies and Tracking Technologies”)
    • Further information about our use of Cookies and Tracking Technologies is available in our Cookies Policy.
  • Employment and education details (e.g. the organization you work for, your job title and your education details)
  • Identification and behavior data (e.g. name, address (private/work), phone number (private/work), e-mail address (private/work), country of residence, electronic identification data (cookie identifiers, logged data, IP addresses, your browser type and language, your access times, details of how you use our products and services, details of how you like to interact with us and other similar information.)
  • Your postings on blogs, forums, wikis and any other social media applications, regarding Ocean Spray or its products or services
  • Your personal preferences related to our products;
  • Purchase behavior, likes and dislikes per social media activity and data from online profiles
  • Information provided by you when you communicate with the Website for any reason

Use of your Personal Information

We may collect, use or disclose the personal information we collect for one or more of the purposes listed in the Privacy Policy or as described to you when collecting your personal information or as otherwise set forth in the CCPA.

Disclosing or Sharing your Information

For information on how we share or disclose your personal information, please review our Privacy Policy, which identifies the categories of third parties with which we may share your personal information. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Moreover, the CCPA prohibits third parties who receive and/or purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

  • Ocean Spray affiliated companies. We work closely with all companies that make up Ocean Spray  
  • Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations for us or jointly with us. For example, we may partner with other companies to optimize our services
  • Analytics and search engine providers to assist us in the improvement and optimization of the website

We may also disclose your personal information to third parties in the following circumstances:

  • Asset purchasers. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy notice.
  • Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party
  • Contract parties. We may share your personal information if we are contractually obligated to disclose it.
  • For the purposes of collecting your feedback on Ocean Spray’s service provision, to help us measure our performance and to improve and promote our services

IN THE PRECEDING TWELVE (12) MONTHS, COMPANY HAS NOT SOLD PERSONAL INFORMATION.

Your Rights Over Your Personal Information

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. If you are a resident of California, effective January 1, 2020, you have the following rights under the CCPA:

  1. To know what categories of personal information about you we have collected and used, including how the personal information was collected;
  2. As applicable, to know what categories of personal information are being sold or disclosed and if it is being sold or disclosed to third parties and a list of categories of information that are sold (*note that we do not sell your information to third parties);
  3. As applicable, to opt out of the sale of your personal information (*note that we do not sell your information to third parties);
  4. To access your personal information, including the right to download or transfer personal information collected during the previous 12 months
  5. To request that your personal information be deleted; and
  6. To equal service and equal price for goods or services even if you exercise your rights under the CCPA.

While California residents have the right to opt-out of the sale of their personal information under CCPA, we do not sell personal information to any third parties. If our practices change, we will update the Privacy Policy and take any other reasonable and/or necessary action to comply with applicable law.

Your Rights to Specific Information and Data

You have the right to request certain information about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Making a Request section below), we will disclose to you:

  1. The categories of personal information we collected about you.
  2. The categories of sources for the personal information we collected about you.
  3. Our business or commercial purpose for collecting or selling that personal information.
  4. The categories of third parties with whom we share that personal information.
  5. The specific pieces of personal information we collected about you (also called a data portability request).
  6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    1. sales, identifying the personal information categories that each category of recipient purchased; and
    2. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B personal information.

Your Rights to Delete Personal Information

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Making a Request section below), we will delete, and/or direct our service providers to delete if applicable, your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

Making a Request

To exercise any of the rights described above, please submit a verifiable consumer request to us by the following methods. Please note we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to [45/90] days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

If you are a California resident and you want to exercise any of your rights as set forth above, please contact us by emailing us at info@atokawellness.com or call us at 833-712-8652. For all requests, please put “California Privacy Rights” in the body of your request, describe the nature of your request, and provide your name, street, address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for your response.

We will not discriminate against you for exercising of your CCPA rights. Unless permitted by the CCPA, we will not:

  1. Deny you goods or services.
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
  3. Provide you a different level or quality of goods or services
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@atokawellness.com or write us at: 

Ocean Spray Cranberries
Consumer Affairs
Post Office Box 2253
Kings Mountain, NC 28086

Contact Us

If you have any questions or comments about this notice, the ways in which Ocean Spray collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by emailing us at info@atokawellness.com or call us at 833-712-8652.

 

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