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Privacy Policy and Notice for California Residents

SunFoods, LLC Website Privacy Statement

The Effective Date of this Website Privacy Statement (the “Statement”) is August 11, 2020.

This Statement was last updated on November 30, 2021.

Capitalized terms used but not defined herein shall have the same meanings given them in the Terms of Use Agreement posted on this Website.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

SunFoods, LLC (the “Company” or “we”) is committed to protecting your privacy. We will never rent or sell your personally identifiable information to third parties for marketing purposes. We will never share your contact information with another User, without your consent. Any sensitive information that you provide will be secured with an industry standard protocol and technology system. In the limited situations provided in paragraph 3 of this Statement, we may disclose some user information to third parties. (Please see paragraph 3 for more details.)

This Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our Websites. By accessing one of our Websites, you acknowledge and fully understand this Statement and freely consent to the information collection and use practices described in this Statement.

2. PARTICIPATING MERCHANT POLICIES

This Statement does not cover any information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Website. Related services and offerings with links from this Website, including Third-Party Sites, may have their own privacy statements that may be viewed by clicking on the corresponding links within each respective Third-Party Site. Online merchants and others who participate in our services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of Third-Party Sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

3. INFORMATION WE COLLECT FROM USERS

We collect certain information from and about Users in three main ways: (1) directly from our web server logs, (2) information obtained and stored with cookies and (3) information supplied by the User. Each way of obtaining information is described below.

a. Web Server Logs

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:

  • Your Internet protocol address.
  • The kind of browser or computer you use.
  • Number of links you click within the site.
  • State or country from which you accessed the site.
  • Date and time of your visit.
  • Name of your Internet service provider.
  • Web page you linked to our site from.
  • Pages you viewed on the site.

b. Use of Cookies

We may use cookies to personalize or enhance the User’s experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.

We reserve the right to share aggregated site statistics with partner companies, but do not allow other companies to place cookies on our Website unless there is a temporary, overriding customer value (such as merging into our Websites a site that relies on third-party cookies).

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

c. Information Supplied by Users

Visitors to our Website can register to purchase services. When you register, we will request some personal information such as first and last name, address (home or other physical location), email address, telephone number, facsimile number, password to SunFoods, LLC website account, and other relevant information. If you are purchasing goods, we will request financial information including (1) name on credit card, (2) billing address for credit card, (3) credit card number and (4) credit card expiration date. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider through financial third parties that authorize credit card transactions. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not disclose personally identifiable information we collect from you to third parties without your permission except as follows:

  • To fulfill your orders for goods. In this connection, we may disclose your information to our employees and/or to employees, agents and affiliates of Authorize.Net, our Internet Protocol (“IP”) payment gateway service provider, and DHL, our shipper, in order to process your credit card payment and package, mail and deliver your order. We will only share with outside parties the information they need to deliver the specific service that they are contracted to provide;
  • To protect and defend the rights or property of the Company or Users of the Websites, if we believe in good faith that disclosure of your information is necessary to do so;
  • To respond to legal process or comply with law; or
  • In connection with a merger, acquisition or liquidation of the Company.

4. HOW WE USE YOUR INFORMATION

We use information that we collect about a User or that a User provides to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • In any other way we may describe when you provide the information.

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, you may opt-out of receiving information in accordance with paragraph 10 of this Statement.

5. USE OF WEB BEACONS OR GIF FILES

Our Websites may contain electronic images known as web beacons, sometimes also called single-pixel gifs, that allow us to count Users who have visited those pages and to deliver co-branded services. We may include web beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our Website and how you use the site.

6. ACCESSING WEB ACCOUNT INFORMATION

We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant at webmaster@sunfoodsllc.com.

We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

California residents may have additional personal information rights and choices. Please see below for more information.

7. CALIFORNIA ONLINE PRIVACY PROTECTION ACT

The California Online Privacy Protection Act (“CalOPPA”) requires commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates  websites collecting personal identifiable information (“PII”)from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.

According to CALOPPA, We agree to the following:

  • Our privacy policy clearly identifies the PII categories our website collects and to whom PII is shared.
  • Our privacy policy describes the process by which consumers may review and request changes to PII the website collects.
  • Our privacy policy describes how users are notified of material changes to the privacy policy.
  • Our privacy policy states the effective date.
  • Users can visit our website anonymously.
  • Our privacy policy is accessible by a link to on our home page.
  • Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page(s) specified above.

8. OTHER CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, please see our Privacy Notice for California Residents below.

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 contact us using one of the contact methods under the “Contacting Us” section below.

9. CHILDREN ONLINE PRIVACY PROTECTION ACT (“COPPA”)

We recognize that protecting the privacy of young children is especially important. Our Website is not intended for children under 16 years of age. SunFoods, LLC does not knowingly market to, collect, or solicit any information from anyone under the age of 16. The Service and its content are not directed at children under the age of 16. We endeavor to obtain a parent or legal guardian’s consent before collecting, using, or disclosing personal information about children. In the event that we learn we have inadvertently collected personal information from children under the age of 16 without parental consent, we will immediately delete that information. If you believe we might have any information from or about a child under 16, please contact us at webmaster@sunfoodsllc.com.

10. CAN SPAM ACT

The CAN SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

As provided above, your email address is only collected when you fill out a form or leave a comment on this website.

To be in accordance with the CAN SPAM ACT, we agree to:

  • Not use false or misleading subjects or email addresses.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests within ten (10) days.
  • Allow users to unsubscribe by using the link at the bottom of each email.

IF AT ANY TIME YOU WOULD LIKE TO UNSUBSCRIBE FROM RECEIVING FUTURE EMAILS, Please Follow the instructions at the bottom of each email (Manage Preferences | Unsubscribe), and we will promptly remove you from ALL correspondence.

11. CHANGES TO THIS STATEMENT

The Company has the discretion to occasionally update this Statement. When we do, we will also revise the Effective Date at the top of this Statement. If we make material changes to how we treat our Users’ personal information, we will notify Users through a notice on the Website home page. We encourage you to periodically review this Statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of our Websites constitutes your agreement to this Statement and any updates to it.

12. SECURITY

This Website uses 128-bit Secure Sockets Layer (SSL) technology for secure IP transactions to protect transaction data. To the extent that transactions are made through this Website, the payment gateway used for payments on the Website (Authorize.Net) employs encryption hardware and software methods and security protocols to protect User information. Authorize.Net is certified as compliant with the Payment Card Industry Data Security Standard. Administration of this Website is managed through a password secured site for authorized personnel appointed by the Company for security management. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect Users personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk.

13. CONTACTING US

If you have questions regarding this Statement, its implementation, failure to adhere to this Statement and/or our general practices, please contact us at webmaster@sunfoodsllc.com, or phone us on toll free (855) 544-6633, or send your comments to:

SunFoods, LLC.
Attention: Website Privacy Statement Personnel
PO Box 8729
Woodland , CA 95776 USA

We will use commercially reasonable efforts to promptly respond and resolve any problem or question

Privacy Notice for California Residents

Effective Date: January 1, 2020
Last Reviewed on: November 30, 2021

This Privacy Notice for California Residents (“Notice”) supplements the information contained above in the Website Privacy Policy  of SunFoods, LLC, and its subsidiaries and affiliates (collectively, “Company,” “we,” or “us”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We 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. Capitalized or defined terms not defined herein and not otherwise defined in the CCPA have the meaning set forth in the Website Privacy Statement.

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) from some of its requirements.

Information We Collect

We 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”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified 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) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
    • 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, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or 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.

Some personal information included in this category may overlap with other categories.

YES
Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
Geolocation data. Physical location or movements. NO
Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
Professional or employment-related information. Current or past job history or performance evaluations. NO
J.Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.
  • See our Web Privacy Statement for more information on how we collect information. Use of Personal Information

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business. For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. 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. We do not sell personal information.

We share your personal information with the following categories of third parties:

  • Service providers.
  • Affiliates and subsidiaries.
  • Data aggregators.

Disclosures of Personal Information for a Business Purpose

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

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Affiliates and subsidiaries.

Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information.

Your Rights and Choices

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.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

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

Deletion Request Rights

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 (the “right to delete”). Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) 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 et. 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 will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our serve providers to take similar action.

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

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

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:

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

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.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We will confirm receipt of your verifiable consumer request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact webmaster@sunfoodsllc.com.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 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

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

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

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

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 webmaster@sunfoodsllc.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described above and in the Website 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 either:

If you need to access this Notice in an alternative format due to having a disability, please contact us at webmaster@sunfoodsllc.com and (855) 544-6633.