Effective January 1, 2020
This Policy describes how information obtained from California consumers (as defined in the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”)), including visitors to the websites found at https://www.supergut.com(“Website”), is collected, used, sold, and disclosed. This Policy also explains how you can make requests of Supergut (“Supergut,” “we,” “us” or “our”) to know about your personal information, delete your personal information, and opt-out of the sale of your personal information. Please note that this Policy applies to information collected by Supergut.
Terms included in this Policy, including but not limited to, personal information and service provider, carry the same meaning in this Policy as they do in the CCPA.
California’s Shine The Light Law
Subject to certain limits under California Civil Code section 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.
To make this request, you may contact us at the email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) days for a response. we reserve our right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.
California’s Consumer Privacy Act
1. California Residents’ Rights Under the California Consumer Privacy Act
If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.
The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.
You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.
The right to access collected Personal Information
You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.
You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.
After receiving and verifying your request, we will provide the following information (depending on your request):
The categories of Personal Information collected about you in the preceding twelve (12) months.
The sources of that Personal Information by category.
The business or commercial purpose(s) for collecting or selling that Personal Information.
The categories of third parties with whom we shared that Personal Information.
The specific pieces of Personal Information collected about you.
If we sold your Personal Information or disclosed it for a business purpose, we will provide:
The categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold; and
The categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.
See the “Methods for Submitting CCPA Requests to Us” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.
The right to request deletion of Personal Information
With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.
We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:
Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality of our systems.
Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
the research adheres to all other applicable ethics and privacy laws;
deleting the Personal Information is likely to make the research impossible or seriously impair it; and
you provided informed consent during the initial data collection.
Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
Comply with our legal obligations.
Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
See the “Methods for Submitting CCPA Requests to Us” section below for information on how you can exercise your right to delete collected Personal Information.
The right to opt-out of the sale of Personal Information
You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling, “sale,” and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.
Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information within the ninety (90) days prior to receiving the request that you have exercised your opt-out right and instruct them not to resell the Personal Information.
However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.
You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.
See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.
The rights of California consumers who are less than 16 years of age
We do not sell the personal information of California consumers who we actually know are less than 13 years of age unless we receive affirmative authorization from the parent or guardian of a consumer less than 13 years of age. We do not sell the personal information of consumer who we actually know are at least 13 years of age and less than 16 years of age unless we receive affirmative authorization from the consumer.
The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices, from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.
In particular, we may have collected the following types of Personal Information in the last twelve (12) months:
Personal identifiers. Examples of these identifiers include, but are not limited to, 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.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples of this information include, but are not limited to, 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.
Protected classification characteristics under California or federal law. Examples of this protected information include, but are not limited to, 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).
Commercial Information. Examples of such commercial information include, but are not limited to, favorite restaurant location, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Geolocation Data. Examples of this information include, but are not limited to, your physical location or movements during interactions with us.
Inferred Data. Examples of this information include, but are not limited to, your preferences and characteristics.
Website Usage. Examples of this information include, but are not limited to, information about a consumer's interaction with the Sites or advertisements.
Employment Information. Examples of this information include, but are not limited to, current or past job history or performance evaluations.
Franchisee Applicant Information. Examples of this information include, but are not limited to, a name, address, email address, phone number, and general financial information.
We may have obtained some or all of the Personal Information listed above from the following sources in the last twelve (12) months:
Directly from you. For example, we may collect the Personal Information listed above from forms you complete or products and services you purchase.
Indirectly from you. For example, we may collect usage information from observing your actions on the Sites.
Independently owned and operated franchisees. For example, we may collect the Personal Information listed above when you provide the information to an independently owned and operated Supergut franchisees to purchase products and services.
Third-party promotion and sweepstake vendors. For example, third-party promotion and sweepstakes vendors may provide us Personal Information, such as personal identifiers and/or personal information categories listed in the California Customer Records statute that you have given to the vendor in the course of entering and participating in our sponsored contests or sweepstakes.
Third-party marketing vendors. For example, third-party marketing vendors may provide us with Personal Information, such as personal identifiers and/or website usage, when you open a promotional email or click on an online advertisement.
We may have used, shared, and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:
To process your purchases of or requests for products or services.
To communicate with you about your use of the Sites, purchase of products or services, to receive a newsletter, and/or participation in a loyalty program, contests, promotions, coupons, and/or sweepstakes.
To respond to your inquiries and for other customer service purposes.
To advise you of changes or additions to the Sites, and/or any of our products or services.
To better understand how users access and use the Sites, to improve the Sites, to respond to user desires and preferences, and for other research and analytical purposes.
To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business, as well as your account, orders, and deliveries.
To manage the Careers page on the Supergut website, which is a tool utilized by us to assist in employment recruiting efforts.
To manage scheduling shifts, communicate with employees, and set up and provide employment benefits at company-owned Supergut locations.
To tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites.
To assist in advertising our products and services on third-party websites.
To maintain appropriate records for internal administrative purposes.
To comply with federal, state, and local laws, cooperate with and respond to law enforcement requests, and as otherwise required by applicable law, court order, or governmental regulations.
To protect the rights and interests of us and/or our independently owned and operated franchisees, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of another, or to prevent harm.
To evaluate or conduct a merger, sale, or other acquisition of some or all of our organization or its assets, in which the information held by us about our Sites is among the assets transferred.
To evaluate prospective franchisees of ours.
We may have shared or sold the following Personal Information in the last twelve (12) months:
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Protected classification characteristics under California or federal law.
We may have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Protected classification characteristics under California or federal law.
We may have shared or sold the Personal Information listed above with the following categories of third parties:
Affiliates and subsidiaries;
Website development and hosting providers;
Mobile application development and hosting providers;
Email platform providers;
Cloud hosting platform providers; and
Marketing analytics and advertising companies.
3. Methods for Submitting CCPA Requests to Us
You have the right to submit a verifiable request to us using the following methods:
Online Request Form. You may submit a request to know or delete by contacting us at firstname.lastname@example.org
See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.
If you would like to opt-out of receiving marketing communications from us, please contact us at email@example.com
4. Verification Process
Once we receive a request to know or to delete, we must verify your identity before we can respond.
You will be required to provide all or some of the following information for verification purposes:
Your first and last name
Your e-mail address
Your telephone number
If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).
5. Authorized Agents
An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.
You may use an authorized agent to submit a request to know, to delete or to opt-out. Your agent will need to provide: either (1) a power of attorney; or (2) your written permission to allow the authorized agent to submit the request on your behalf and verification of your identity.
6. Response Timing and Format
Acknowledgment of receipt of request
We will confirm receipt of a request from you within ten (10) days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.
We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time.
If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.
Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via mail or electronically.
We do not charge a fee to process or respond to a 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 and provide you with a cost estimate before completing the request.
Acting upon opt-out requests
We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request.
7. Do Not Sell My Personal Information
You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with a request to opt-out.
If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by emailing firstname.lastname@example.org.
8. Financial Incentive Offers
Some of our loyalty programs and/or reward programs offer financial incentives in exchange for your consent to our use and sale of certain of your Personal Information.
9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.
10. Children Under the Age of 13
Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Websites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Websites, provide any information on the Websites, use any of the interactive or public comment features of the Websites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.
11. Contact Us for More Information
California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:
When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.