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CCPA Privacy Notice for California Residents

Effective Date: January 01, 2024

Updated: March 1, 2024

Notice for California Residents Only

This section of the www.kewpieshop..com (“we,” “our,” “us”) privacy policy provides additional information for California residents and their rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”). This CCPA Notice applies to the Personal Information of California residents interacting with us (“Consumers,” “you,” or “your”).  

Our California Employees (current, former and applicants) can learn about our information collection and disclosure practices and how to  exercise their CPPA rights by contacting the Director of Human Resources.

In the event of a conflict between this CCPA Notice and any of our other privacy policies, this CCPA Notice shall control only with respect to Consumers and their Personal Information. We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date.

Information collected and sources

We collect Personal Information from you when you interact with us through in person communications, phone calls, emails and our websites www.kewpieshop.com or www.qbfoods.com (“Site”) or offline.  This includes information that you provide to us directly, information we collect from you automatically, information that we collect when you interact with us, and information that we may collect from third parties such as service providers, affiliated companies, marketing or data partners, or other third parties with whom you interact. It also includes information that we collect about employees and business partners and vendors from those individuals directly or from references, referrals or consumer reporting agencies.  Not all information is collected from everyone who interacts with us.

During the past 12 months we may have collected the following categories of Personal Information:

  • Identifiers such as contact information (your name, address, phone number, email or postal address), Unique Personal Identifiers (that may include but are not limited to your legal name or preferred alias and online identifiers like user account names), an encrypted version of your password, communications, or date of birth.
  • Professional, educational or employment-related information. In addition to Identifiers, we may collect additional information from suppliers, vendors, or employees including business contact information, phone number, email and postal addresses and titles, resume information and professional credentials.
  • Protected information such as financial and payment information like your credit or debit card information, or PayPal account email address. We may also collect Social Security Number or tax ID number, immigration status, and health information about employees or vendors.
  • Commercial information such as your transaction histories, billing and shipping information, and product preferences.
  • Electronic network activity information such as the internet protocol (IP) address collected from your computers and mobile devices, and information about what you do online, including your interactions with our Site, through the use of cookies and similar technologies, system logs, and analytics monitoring as well as your interactions with our company computer systems.
  • Inferences we make about you or your interests based on analysis of other information we have collected.
  • Geolocation information.
  • Biometrics
  • Audio or video information such as call center recordings or monitoring records from our customer support centers and security video recordings at our facilities.
  • Protected anti-discrimination classification information such as race, ethnicity, citizenship, gender, and medical or disability information or other categories of information that are protected for anti-discrimination purposes.
  • Sensitive Personal Information such as Social Security, driver’s license, state ID card or passport number, account log-in, financial account number together with any security code that allows access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric information, health, sex life or sexual orientation.
  • Other types of personal information that we may disclose to you prior to the point of first collection.

Business Purposes for Collecting Personal Information

We collect Personal Information in order to operate and grow our business, improve our Site, and to offer our or third-party products or services that we think you may find of interest. More specifically, we collect personal information for the following business purposes:

  • Provide our services and information you have requested from us and notices about the Services including providing customer and technical support for our services and collecting amounts owed in connection with the Services.
  • Verify that you qualify as a registered user of our computer systems.
  • Provide information to you about our products and third-party products and services that we think may be of interest to you.
  • Provide you with marketing communication and information.
  • Analyze, improve, and customize our services including measuring the effectiveness of advertising and internal research on users’ interests and behaviors to better serve our users.
  • Administer the website and for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes.
  • For legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud.
  • Internal and external audit requirements, information-security purposes, and as we otherwise believe to be necessary or appropriate: (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (c) to enforce our terms and conditions or other agreements; and (d) to protect our rights, privacy, safety, or property, or those of other persons.
  • Employee administration, vendor oversight and legal compliance.

Information disclosed for a business purpose

During the past 12 months we may have disclosed the following categories of Personal Information to the following types of third parties for a business purpose.

  • Our affiliated companies: We may have shared your information such as identifiers, commercial information, and inferences within our company and our affiliated companies for the purposes of decision making, reporting, management, analysis, administering programs, promoting service offerings and other business purposes.
  • Service providers: We may have shared your information such as identifiers, commercial information and financial information with our service providers who provide us support services such as hosting our Site, processing payments, legal and accounting professional services, postal delivery and electronic mail, mobile messages, product delivery, conducting analysis to improve our products and Site, fulfilling requests you make, managing payments and answering your questions. Service providers only use the information they receive from us for the purposes we hired them for; we don’t allow them to retain, use or otherwise handle the data for their own purposes.
  • Marketing Partners: We may have shared your information such as electronic network activity, identifiers, commercial information and inferences with marketing partners to display online, mobile or other advertising based on your activity on our website, and preferences you share with us so we can provide you with promotions and special offers that may interest you. We may also share information with marketing partners to help us analyze data, sometimes combined with other sources, so that we can send more relevant communications to you.
  • With Third Parties, including governmental authorities and law enforcement, for legal or compliance purposes: We may share any or all categories of your information where we believe the disclosure is required by law or otherwise necessary to comply with the law, regulatory requirements, requests from public authorities, or to enforce our agreements or policies or protect or defend the rights and property of our customers, the company, our partners or the public (including for fraud prevention purposes).

Selling Personal Information

We do not sell personal information for monetary consideration but we may transfer your information to a third party that provides us with services such as helping us with advertising, data analysis and analytics, and security, which may fall under the definition of for “other valuable consideration” and which may therefore be considered a “sale” under the CCPA. We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. Please see below for opting out of having your information sold. In the preceding twelve (12) months we may have disclosed the following categories of information for a business purpose which falls within the definition of a ‘sale:’ Identifiers, commercial information, and electronic network activity information.

Sharing Personal Information for Cross Context Behavioral Marketing Purposes

“Sharing” your personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from your activities across other companies’ websites, applications or online services that we use to predict your preferences or interests. Targeted advertising does not include using your interactions with us or information that you provide to us to select advertisements to show you. We do not share personal information for cross-context behavioral marketing purposes.

Processing Sensitive Personal Information

We collect and process Sensitive Personal Information only for the purposes permitted by the CCPA. The following are permitted purposes under the CCPA:

-                To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

-                To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information.

-                To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.

-                To ensure the physical safety of natural persons.

-                For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.

-                To perform services on behalf of our business.

-                To verify or maintain the quality or safety of products or services that we own or control, and to improve, upgrade, or enhance such products or services. 

-                To collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

Your CCPA Rights

Verified California residents have the following rights:

Information Access Rights

As a California resident you have the right to request that we disclose certain information about our information collection and disclosure practices. You also have the right to request a copy of the specific pieces of personal information we collected about you. You may make Information Access Requests up to twice during a 12 month period.  Once we receive and confirm your verifiable request, we will disclose to you:

  • Our personal information collection practices during the prior 12 months, including the categories of personal information we collect, the categories of sources of such information, our business purpose for collecting or disclosing such information, and the categories of third parties with whom we share such information.
  • The specific personal information we have collected about you during the prior 12 months, or, at your option, since January 1, 2022. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.
  • Our information disclosure practices during the prior 12 months, including a list of the categories of personal information sold or shared with the category of third-party recipients and a list of the categories of personal information that we disclosed for a business purpose.

 

Information Deletion Rights

 

  • California residents have the right to request that we delete any of your personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. You may make deletion requests at any time.

Information Correction Rights

California residents have the right to request that we correct information that we hold which is inaccurate.  We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections.  In some cases, for instance if you have an account with us, you can update your information by logging into your account.  You can make information correction requests at any time.

Opt-Out Rights

  • Do Not Sell My Personal Information. If you are 16 years of age or older, you have the right, at any time, to direct us to not sell your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
  • Do Not Share My Personal Information. You have the right to opt out of having your personal information shared with others for cross-context or behavioral advertising purposes. This does not include using your interactions with us or information that you provide to us to select advertisements to show you.
  • Limit Processing of Sensitive Personal Information. You have the right to tell us not to process or disclose Sensitive Personal Information for any purpose other than the purposes disclosed at or before the time we originally collected it. We only process Sensitive Personal Information for CCPA permitted purposes so there is no need for you to tell us to limit our processing of Sensitive Personal Information.

Making a CCPA Request

Access, Correction and Deletion.  In order to make a request for access, correction or deletion California residents may contact us either by calling 1-800-423-4505 or emailing us at customerservice@qbfoods.com.  We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time. Please understand that we cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.

For requests for deletion of your information please understand that California law permits us to retain certain information and not to delete it under certain circumstances. By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you, we will notify any service providers we have engaged to delete your information as well.

Opt-Out Rights.  To opt out of the sale of your personal information you may submit a request to us by clicking the following link: “Do Not Sell My Personal Information".  You may also call us toll free at 1-800-423-4505.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party, analytics, or advertising partner cookies on your browser.  This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code.  If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

We will comply with your request promptly, and at least within 15 business days. Once we receive your request we will wait at least 12 months before asking you to reauthorize personal information sales or sharing.

Non-discrimination. We will not discriminate against you as a result of your exercise of any of these rights.

Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney.  Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorize the person to make the request on your behalf, (4) you verify your own identity directly with us and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

Data Retention

We will store personal information in a form which permits us to identify consumers, for as long as necessary for the purpose for which the personal information is processed.  We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information consumers provide in connection with requests made under the CCPA for a period of two years.

Contacting Us

If you have questions or concerns about your CCPA rights please contact us by phone at calling [1-800-423-4505] or emailing us at customerservice@qbfoods.com.