CCPA Privacy Notice

Your rights under the California Consumer Privacy Act

Effective: October 26, 2022

This California Privacy Rights Notice for California Residents, as provided by FOODMatch Inc. d/b/a Divina Market ("Company," "we," or "us"), supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you").

We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), California Privacy Rights Act of 2020 (CPRA), and implementing regulations. Any terms defined in the CCPA and the CPRA have the same meaning when used in this notice.

We Do Not Sell Your Information

We will not sell the personal information we collect. However, we may share it with third parties for cross-context behavioral advertising. We will not sell the sensitive personal information we collect. To opt-out of the sharing of personal information sharing, please visit [OPT-OUT NOTICE URL]. To view our full Privacy Notice, please visit https://divinamarket.com/pages/privacy-policy.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, www.divinamarket.com has collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal Information

Category

Examples

Retention Period

Collected

Sold

Shared

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.

12 Months

YES

NO

YES

B. 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.

12 Months

YES

NO

YES

C. 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).

12 Months

YES

NO

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

12 Months

YES

NO

YES

E. 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.

N/A

N/A

NO

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

 

12 Months

 

 

 

YES

 

 

 

NO

 

 

 

YES

G. Geolocation data.

Physical location or movements.

12 Months

YES

NO

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

N/A

N/A

NO

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

N/A

N/A

NO

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.

N/A

NO

NO

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

12 Months

YES

NO

YES

 

 

 

 

 

 

Sensitive Personal Information

Category

Retention Period

Business Purpose

Collected

Sold

Shared

Government identifiers (social security, driver's license, state identification card, or passport number)

N/A

N/A

NO

NO

NO

Complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password)

12 Months

Technical Support 

YES

NO

NO

Precise geolocation

12 Months

Direct Marketing

YES

NO

NO

Racial or ethnic origin

N/A

N/A

NO

NO

NO

Religious or philosophical beliefs

N/A

N/A

NO

NO

NO

Union membership

N/A

N/A

NO

NO

NO

Genetic data

N/A

N/A

NO

NO

NO

Mail, email, or text messages contents not directed to us

90 Days

Back Log

YES

NO

NO

Unique identifying biometric information

N/A

N/A

NO

NO

NO

Health, sex life, or sexual orientation information

N/A

N/A

NO

NO

NO

Scope

For the purposes of this notice, personal information does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information; and
  • Information excluded from the CCPA's scope, for example but without limitation:
    • 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; and
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

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

  • directly from you when you provide it to us;
  • when you register for an account;
  • when you sign up for a mailing list;
  • when you sign up for and participate in our Brand Ambassador program;
  • automatically as you navigate through the site. By example but without limitation, information collected automatically may include
    • usage details,
    • IP addresses, and
    • information collected through cookies, and
    • other tracking technologies; and/or
  • from third parties, for example, our business partners.

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 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; and/or
  • to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

The Company 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

The Company 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 may also share your personal information for cross-context behavior advertising.]

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

  • Our subsidiaries and affiliates.
  • Contractors, service providers, and other third parties we use to support our business.
  • Third parties to market our products or services to you.

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

Category A: Identifiers.

Category C: Protected classification characteristics under California or federal law.

Category K: Inferences drawn from other personal information.

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

  • Our subsidiaries and affiliates.
  • Contractors, service providers, and other third parties we use to support our business.
  • Third parties to market our products or services to you.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold your personal information.

Sharing of Personal Information for Cross-Context Behavioral Advertising Purposes

[NOTE TO CLIENT – PLEASE LET US KNOW WHETHER WITHIN THE LAST TWELVE MONTHS, YOU HAVE SHARED INFORMATION FOR CROSS-CONTEXT BEHAVIORAL ADVERTISING PURPOSES.  IF SO, WE NEED TO ADD OPT OUT RIGHTS].

 

Your Rights and Choices

The CCPA, as amended by the CPRA, provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Limit Use and Disclosure of Sensitive Personal Information Rights

 

You have the right to request that we limit our use and disclosure of your sensitive personal information by submitting a verifiable consumer request (see Exercising Your Rights).

 

However, we may continue to use or disclose your sensitive personal information after receiving  such a request: 

  • as necessary to "perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services";
  • to provide a service listed under subdivisions 2, 4, 5, and 8 of Section 1798.140 of the CCPA; and
  • as permitted by further regulations.

 

 Access to Specific Information and Data Portability Rights

You have the right to request that the Company 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 Your 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 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); and
  • 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 right to know or data portability disclosures for B2B personal information.

Deletion or Correction 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. You also have the right to request that we correct any inaccurate personal information that we have collected about you and retain.

Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies or, as appropriate, we will make commercially reasonable efforts to correct (and direct our service providers to correct) the inaccurate personal information in our records.

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; and/or
  9. make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to opt out of the selling and sharing of your personal information and sensitive personal information, including the sharing, renting, releasing, disclosing, disseminating, making available and/or transferring of your personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

However, under California law, our use of your personal information does not constitute sharing when:

  • you use or direct us to intentionally disclose personal information or intentionally interact with one or more third parties;
  • we use or share an identifier for purposes of alerting parties that you have opted out of the sharing of your personal information or limited the use of your personal information; and/or
  • we evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

Exercising Your Rights

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

  • Calling us at 1-800-350-5042.
  • Emailing info@divinamarket.com.
  • Visiting our Contact Us page

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; and
  • 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 request within ten (10) business days.  If you do not receive confirmation within the ten (10) day timeframe, please contact us via email at hello@divinamarket.com or by phone 1-800-350-5042.

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.

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, specifically via email.

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; and/or
  • 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) gives California residents the right to ask companies once a year what personal information they share with third parties for those third parties' direct marketing purposes. For more information, please send us an email at info@divinamarket.com, or you can send your request to the address at the bottom of this notice.

When you request this information, please use the phrase “California Privacy Rights Notice” to help us appropriately identify your question, and include your mailing address, state of residence and email address so we can provide a response.

 

Please allow 45 days for a response.

Changes to Our Privacy Notice

The Company reserves 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 the Company collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by using the information below. When contacting us in accordance with this notice, please indicate that you are a California resident. By contacting us based on the information herein, you represent that you are a “consumer” as defined in Section 17014 of Title 18 of the California Code of Regulations.

Phone: 1-800-350-5042

Email: info@divinamarket.com

Postal Address:

FOODMatch Inc.

575 8th Ave, 23rd Floor 

New York, NY 10018