Privacy Notice for California Residents

Effective Date: January 1, 2020
Last Reviewed on: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in gavilans.com (“Gavilan's”, “us”, “we”, “our”) privacy notice and applies solely to all customers, visitors, users, consumers 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.

Personal 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 or household (“personal information”).

Gavilan's obtains personal information from the following categories of sources:

  • Directly from you. For example, from forms you complete, phone, mail or web orders, Amazon orders, products and services you purchase, or mail files.
  • Indirectly from you. For example, from observing your actions on our Website.
  • From third parties. For example, we may purchase catalog mailing lists from third parties for advertising and marketing purposes.

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

  • Identifiers - such as a real name, alias, postal address, unique personal identifier, internet protocol address, email address, or other similar identifiers.
  • Personal information described in subdivision (e) of Section 1798.80 - such as name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
  • Characteristics of protected classifications under California or federal law - such as gender.
  • Commercial information - including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information - including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
  • Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Use of Personal Information

We may use, sell, 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 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 Gavilans’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Gavilan's about our Website users is among the assets transferred.

Gavilan's 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

Gavilan's may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Right to Opt-Out). 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. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

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

  • Service providers, including credit card processors, analytics service providers, tax processors, data brokers, shipping service providers, professional service providers, e.g., legal and accounting
  • Affiliates whose products and services may be of interest to you
  • Advertisers whose products and services may be of interest to you
  • Direct mail advertisers for a one time-mailing to you
  • Internet cookie data recipients, like Google Analytics

Sale and Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Gavilan's has sold or disclosed the following categories of personal information for a business purpose:

Category Disclosed Sold Third Parties Shared
Identifiers. YES NO (a) Credit Card Processors
(b) Tax Processors
(c) Professional service providers, e.g., legal and accounting
(d) Shipping service providers
(e) Analytics service providers
(f) Affiliate companies

YES YES (g) Direct Mail advertisers

 

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). YES NO (a) Credit Card Processors
(b) Tax Processors
(c) Professional service providers, e.g., legal and accounting
(d) Shipping service providers
(e) Analytics service providers
(f) Affiliate companies
 
YES YES (g) Direct Mail advertisers
Protected classification characteristics under California or federal law. YES NO (a) Affiliate companies
YES YES (b) Direct Mail advertisers
Commercial information. YES YES (a) Direct Mail advertisers
Internet or other similar network activity. YES NO (a) Analytics service providers

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.

Rights to Access Information

You have the right to request that Gavilan's disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access 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.
  • The categories of personal information we have disclosed for a business purpose or sold to third parties.
  • For each category of personal information identified, the categories of third parties to whom the information was disclosed.

Deletion Request Rights

You have the right to request that Gavilan's delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you make a request to delete, we may also need to delete any account associated with you. Further, please take note that for catalog mailers, due to the requirement to logistics of the mailers it may take up to 90 days for us to remove you from the mailing list.

Once we receive and confirm your verifiable consumer request (see Exercising Access 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 to the extent that retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • 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.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you, following a request to delete, make another purchase or interact with our products or services, we will begin collecting and using your personal information pursuant to this policy and our Privacy Statement at that point.

Exercising Access and Deletion Rights

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

  • Emailing us at CCPA@gavilans.com
  • Calling us at 1-800-777-0327
  • Writing to:
    Gavilan's
    Attn: Customer Service/Privacy Dept
    Gavilan Hills, CA 92599

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access 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.

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

For instructions on exercising sale opt-out rights, see Right to Opt-Out.

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 days), we will inform you of the reason and extension period in writing. 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. 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.

Right to Opt-Out

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Info

Or by emailing us at CCPA@gavilans.com

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:

  • Placing an order
  • Requesting a catalog
  • Creating an account
  • Signing up for promotional emails

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the 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.

Contact Information

If you have any questions or comments about this notice, the ways in which Gavilan's collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: CCPA@gavilans.com
Postal Address:
Gavilan's
Attn: Customer Service/Privacy Dept
Gavilan Hills, CA 92599

Your privacy is very important to us. Review our Privacy Policy to see how we respect your personal information.