California Privacy Rights
Your California Rights and Choices
The California Consumer Privacy Act of 2018 (the “CCPA”) provides consumers who are California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Your Right To Request Access to Specific Information and Data Portability
You have the right to request that Harken Foods, LLC (“Harken Foods”) disclose certain information about our collection and use of your personal information over the past 12 months. Once we receive your request and confirm your identity (we explain this process below), 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 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 the data portability request).
- If we disclosed your personal information to a third party for a business purpose, the categories of personal information obtained by any third parties.
- Identifiers: First and last name, email address, mailing address, billing address, birth day and year, mobile phone number, dietary restrictions, credit card information, social media profile, Internet activity, Internet Protocol address, location.
- Commercial information: Records of goods and services you purchased, obtained, or considered.
- Internet activity: Access history and information on your interaction with our website or our social media.
Your Right To Request Deletions
You have the right to request that Harken Foods 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, 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 providers to:
- 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 relationship with you, or otherwise perform a 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 and/or 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 pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code (Cal. Penal Code § 1546 seq.).
- 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.
Categories of Personal Information Collected
Harken Foods has collected the following categories of personal information from its customers within the last 12 months:
Sources of Personal Information that We Collect
Harken Foods collects your personal information from you when you:
- Directly or indirectly from our customers or their agents. For example, from documents that our customers or their agents provide to us related to the goods and services they obtain from us.
- Use our website (www.harkensweets.com) or when you interact with our social media. For example, we collect your personal information when you purchase our products, subscribe to marketing emails or text messages (message and data rates may apply), submit Meal Hack recipes, submit ratings & reviews, or through trackers on our website that collect usage details automatically.
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to send you products, we will use that information to send you these products.
- To provide you with information, products, or services that you request from us.
- To provide you with email newsletters, and other notices concerning our products or events or news, that may be of interest to you.
- To provide you with text messages (message and data rates may apply).
- To provide to our co-marketers for contests, sweepstakes, and promotions that we offer you from time to time.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and Harken Foods, including for billing and collections.
- To improve our website and present its contents to you.
- For testing, research, analysis, and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our customers, or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- 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 is among the assets transferred.
- First and last name, email address, mailing address, billing address, birth day and year, mobile phone number, dietary restrictions, credit card information, social media profile, Internet activity, Internet Protocol address, and location for the purpose of marketing our products to you or to provide you with opportunities to participate in contests, sweepstakes, and promotions that we may offer.
Purposes for Collecting Personal Information
Harken Foods may use the personal information we collect for one or more of the following business purposes:
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
Harken Foods 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.
In the past 12 months, Harken Foods has disclosed the following categories of personal information for a business purpose:
In the past 12 months, Harken Foods has disclosed your personal information for a business purpose to the following categories of third parties:
- Our affiliates and partners.
- Our service providers.
- Deny you goods and services.
- Charge you different prices or rates for goods or services, including through granting or denying 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 for goods or services or a different level or quality of good and services.
In the past 12 months, we have not sold any personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights granted to you under the CCPA, please submit a request by calling 1-917-300-9262 or emailing hello@harkensweets.com.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.
Before we take action on your request, you will need to verify your identity. Upon receiving your request, we will send a verification code that must be provided to our customer service representative via the email to the address we have on file or via text message (message and data rates may apply) to the mobile number we have on file. We may require additional verification of additional PII when the request relates to personal information associated with the specific account. We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in this type of request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will endeavor to respond to a request about your personal information within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within the first 45 day period. If you have an account with us, we reserve the right to 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 (if no preference is indicated we reserve the right to contact you at our discretion). Any disclosures we provide will only cover the 12-month period preceding the receipt date of your request. 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.
Non-Discrimination
Harken Foods will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not do any of the following if you exercise your CCPA rights:
Changes to this CCPA Notice
We reserve the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by e-mail or through a notice on our website.