Donaghy Sales, LLC Privacy Policy and CPRA Privacy Notice

 

Effective: January 1, 2023

Last Updated: April 21, 2023

Donaghy Sales, LLC and its subsidiaries and affiliated companies (“Donaghy” or “Company”) takes your privacy seriously.  We want you to know how we collect, use, disclose, and retain your personal information.

 

Assistance For the Disabled

Alternative formats of this Privacy Policy are available to individuals with a disability.  Please contact Human Resources at hr@donaghysales.com for assistance.

 

This Privacy Policy explains:

  1. What categories of personal information we collect
  2. The categories of sources from which we collect this personal information
  3. The purposes for which we use your personal information
  4. How we may disclose your personal information
  5. How long we keep your personal information
  6. Privacy rights for California residents
  7. Changes to this Privacy Policy

 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We do not collect information from anyone under 13 years of age.  The products and/or services we provide, together with our Site, are all directed to individuals who are at least 13 years old.  If you are under the age of 13, you are not authorized to use our services or the Site.

 

Scope

This Privacy Policy applies to the personal information of individuals (“you”, “your”, or “yours”) collected by Company, including the personal information collected when you visit our website https://donaghysales.com as it may be modified, relocated and/or redirected from time to time (the “Site”).  This Privacy Policy does not apply to the personal information of individuals in their capacity as prospective, current, or former employees, contract workers, board members, or owners of Donaghy, or their emergency contacts, dependents, or beneficiaries.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Site or submit information to us. By accessing or using the Site and/or submitting information to us, you agree with this Privacy Policy.

 

“Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

 

“Personal information” does not include:

  • Information publicly available from government records or made publicly available by you or with your permission;
  • Deidentified or aggregated information;
  • Information excluded from the CPRA’s scope, such as:
    • Protected health information covered by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”) or medical information covered by California Confidentiality of Medical Information Act (“CMIA”); or
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”), or the California Financial Information Privacy Act (“FIPA”).

 

Other web sites

The Site may contain links to other web sites not operated or controlled by us (“Third Party Sites”).  The policies and procedures we describe here do not apply to Third Party Sites.  The links from the Site do not imply that we endorse or have reviewed the Third Party Sites.  We suggest contacting those sites directly for information on their privacy policies.

 

  • WHAT CATEGORIES OF PERSONAL INFORMATION WE COLLECT

 

  1. Identifiers, for example: real name, alias, telephone number, postal address, e-mail address, signature, photographs, and Social Security, driver’s license, or state identification card, account number, and information for orders, reservations, or registration on the Company’s website.
  2. Commercial Information, for example: transaction information, records of products or services purchased, and purchasing or consuming histories.
  3. Internet Activity Information, for example: information about your usage of the Site, such as the pages you viewed, the services and features you used or interacted with; your browser type and details about any links or communications with which you interacted; internet protocol (IP); browser plug-in types and versions; and operating systems and platform.
  4. Professional Information, for example: business contact information and title.
  5. Financial Information, for example: billing address, and shipping address.
  6. Sensory or Surveillance Data, for example: voicemails and recordings as described below in “User Content”.
  7. User Content, includes content you submit when you contact customer service or otherwise contact Company. This may include recordings you create, including audio recordings or voicemail you submit in connection with customer service.
  8. Communications Data, for example: during our communications with you, we collect the content of these communications as well as metadata about the communications, e., date and time of the call or text (SMS or MMS) message and phone numbers.
  9. Geolocation data, for example: certain features in our services/platform may collect your precise location information by your device interacting with our website, or associated with your Internet Protocol (IP) address, or if you grant permission to do so in your device settings.
  10. Inferences, for example: Company might infer based on your purchase history that you would be interested in other products or services.
  11. Characteristics of Protected Classifications Under California or Federal Law, for example: your age or gender.

 

Note on Sensitive Personal Information: Company does not infer characteristics from sensitive personal information.  Company only uses sensitive personal information as necessary to perform the services or provide the goods the average person would reasonably expect when requesting those goods or services, to ensure security and integrity, short term transient use, to maintain the quality of our products and services, or for other purposes permitted by the California Privacy Rights Act and implementing regulations (“CPRA”) without the right to opt out.

 

Do We Use Cookies?

Yes. Cookies are small files that the Site or our service provider transfers to your computer’s hard drive through your Web browser that enables the Site’s or service provider’s systems to recognize your browser and capture and remember certain information. We use first-party session cookies and persistent cookies to help us understand how users use the Site. For example, cookies gather information about how long you spend on a web page so that we can understand what web pages are of most interest to users.

 

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings. If you turn off your cookies, some of the features on the Site may not function properly.

 

Google Analytics

We use cookies provided by Google Analytics, a third-party service provider, to assist us in better understanding our Site visitors.  These cookies collect data tied to a user’s IP address, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting the Site.  Based on this information, Google Analytics compiles aggregate data about Site traffic and Site interactions, which we use to offer better Site experiences and tools in the future.  Google Analytics does not collect any personal information (other than IP Address which may be considered personal information in some countries). For more information on Google Analytics, visit https://support.google.com/analytics.

 

Web Beacons

We include small graphic images or other web programming code, called web beacons (also known as "pixel tags", “web bugs” or "clear GIFs"), on the Site. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of Web users. In contrast to cookies, which are stored in a user's computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.  Rejecting cookies using browser settings may not stop web beacons from tracking you.

 

Tracking Across Time and Different Sites

The Site does not track your online activities over time and across websites or online services on an individually identifiable basis.  We do not allow third parties to use our Site to track your activities over time or across other websites.

 

Do Not Track Setting

Some web browsers incorporate a “Do Not Track” feature (DNT) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including our Site, do not currently respond to web browser DNT signals because such signals are not yet uniform. For more information about DNT signals, please visit http://allaboutdnt.com.

 

  • THE CATEGORIES OF SOURCES FROM WHICH WE COLLECT YOUR PERSONAL INFORMATION

 

  • You, for example, when you register with our Site, subscribe to online services, when you shop with us, or when you otherwise provide information directly to us.
  • Service providers, for example, analytics providers, IT, and system administration services.
  • Affiliated companies, for example, so that we can assist other companies in the Donaghy Sales family of companies in providing you with products or services.
  • Automated technologies, for example, browsing activity collected by automated technologies on the Site.
  • Third parties, for example, lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.
  • Public sources, for example, public databases.
  • Marketing/advertising companies, for example, from social media platforms, consumer research companies, and analytics or marketing/advertising companies.
  • Surveillance/recording technologies installed by Company, for example, video surveillance in common areas of Company facilities, voicemail technologies, and audio recording technologies with consent to the extent required by law.
  • Government or administrative agencies, for example, law enforcement, public health officials, and other government authorities.
  • Acquired entity, if Company acquired another entity, Company might collect personal information from that entity.

 

  • THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION

 

Providing Products and Services, including:

  • To deliver our products and administer our services.
  • To communicate with you.
  • To improve our products and services, develop new products and services, and conduct research on further improvements.
  • To enhance your experience using our products and services and to personalize your online experience.

 

Support and Marketing, including:

  • For customer support.
  • To respond to any requests, queries, suggestions, feedback, or comments you may have.
  • Where you have agreed to receive such information, to send you marketing information about our products and services, including notifying you of marketing events and promotions.
  • To inform you of any changes to the services, your account (if applicable), this Privacy Policy, or any other policies or terms in relation thereto.
  • To perform operations to maintain the services, including to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

 

Monitoring, Security, and Compliance, including:

  • To administer and protect our business and our Site (including troubleshooting, analysis, testing, system maintenance, support, reporting and hosting of data, and preventing fraud and abuse).
  • To store, host, or backup (whether for disaster recovery or otherwise) our services or any data contained therein.
  • To protect the rights, property, or safety of Company, you, or others.
  • In connection with a corporate transaction, sale, or assignment of assets, merger, divestiture, or other changes of control or financial status of Company or any of its subsidiaries or affiliates.
  • To report suspected criminal conduct to law enforcement and cooperate in investigations.
  • To exercise Company’s rights under applicable law and to support any claim, defense, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel.
  • To ensure compliance with applicable laws and regulatory obligations.

 

Incidental Purposes: Any incidental purposes related to, or in connection with, the above.

 

  • HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION

 

Company discloses personal information as necessary for the purposes described in Section 3 above to the following categories of external recipients:

  • Service providers and contractors: Company discloses your personal information to service providers and contractors for the purposes above to assist us in meeting our business needs and contractual and legal obligations.
    • Company only discloses your personal information to service providers and contractors subject to written contracts under Company’s direction and instructions as required by applicable law.
    • Service providers and contractors include auditors, administrative service providers, law firms, and any other entity providing services to Company.
  • Affiliated companies: Other companies within the Donaghy Sales family, for example, to provide you with our products and services.
  • Government or administrative agencies: For example, Company may provide your personal information required in audits performed by governmental agencies like the California Department of Alcoholic Beverage Control and/or the California Department of Tax and Fee Administration.
  • Required Disclosures: We may be required to disclose personal information in a court proceeding, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.
  • Legal Compliance and Protections: We may disclose personal information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of Company, our users, or others.
  • Corporate Transactions: We reserve the right to disclose and transfer your personal information, including your personal information:
    • To a subsequent owner or co-owner.
    • In connection with a corporate merger, consolidation, bankruptcy, the sale of substantially all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.

 

We do not sell your personal information or disclose it to third parties for cross-context behavioral advertising. We also do not sell the personal information of children under 16 nor disclose it to third parties for cross-context behavioral advertising.

 

Aggregated and Deidentified Information

We may aggregate and/or deidentify information, use it internally, and disclose it to third parties.  Neither Aggregated Information nor Deidentified Information (defined below) is personal information.

  • “Aggregated Information” refers to information about a group of individuals from which the individually identifiable information has been removed. An example of Aggregated Information would be the statistic that 20 people used our website’s contact form on a given day.
  • “Deidentified Information” means information subjected to reasonable measures to ensure that the deidentified information cannot be associated with the individual. An example of Deidentified Information would be the data point that an unidentified visitor first entered the Site through our main web page. We maintain Deidentified Information in a deidentified form and do not attempt to reidentify it, except that we may attempt to reidentify the information just to determine whether our deidentification processes function correctly.

 

  • HOW LONG WE KEEP YOUR PERSONAL INFORMATION

 

We retain your personal information for the duration of the customer relationship, if any. We also retain your personal information for 12 months after our last interaction with you. We will retain personal information longer as necessary to comply with legal, administrative, or procedural requirements, for example, a litigation hold.

 

  • PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS

 

  1. Your California Privacy Rights

Subject to applicable law, California residents have the following rights:

  • Right to Know: You have the right to submit a verifiable request for specific pieces of your personal information obtained from you and for information about Company’s collection, use, and disclosure of your personal information. Please note that the CPRA’s right to obtain “specific pieces” does not grant a right to the whole of any document that contains personal information, but only to copies of items of personal information. Moreover, California residents generally just have a right to know categories, for example, categories of third parties to which personal information is disclosed, but not the individual third parties. 
  • Right to Delete: You have the right to submit a verifiable request for the deletion of personal information that you have provided to Company.
  • Right to Correct: You have the right to submit a verifiable request for the correction of inaccurate personal information maintained by Company, taking into account the nature of the personal information and the purposes of processing the personal information.

 

  1. How to Exercise Your Rights

Company will respond to request to know, delete, and correct in accordance with applicable law if it can verify the identity of the individual submitting the request.  You can exercise these rights in the following ways:

 

  1. How We Will Verify Your Request

If you submit a request through a password-protected account that you created before the date of your request, we will use the authentication mechanisms in the account to verify your identity.  Otherwise, we match personal data that you provide us against personal data we maintain in our files.  The more risk entailed by the request (e.g., a request for specific pieces of personal data), the more items of personal data we may request to verify you.  If we cannot verify your identity to a sufficient level of certainty to respond to your request, we will let you know promptly and explain why we cannot verify your identity.

 

  1. Authorized Agents

If an authorized agent submits a request to know, correct, or delete on your behalf, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) document signed by you that authorizes the authorized agent to submit the request on your behalf.  In addition, we may ask you to follow the applicable process described above for verifying your identity.  You can obtain an “Authorized Agent Designation” form by contacting us at hr@donaghysales.com.

 

  1. Company’s Non-Discrimination Policy

Company will not unlawfully discriminate against you for exercising your privacy rights under the California Privacy Rights Act.

 

  • CHANGES TO THIS PRIVACY POLICY

 

If we change this Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above.  If we materially change this Privacy Policy in a way that affects how we use or disclose your personal information, we will provide a prominent notice of such changes and the effective date of the changes before making them.

 

For More Information

 

For questions or concerns about Company’s privacy policies and practices, please contact us at 1-800-675-4544, or at hr@donaghysales.com. Our postal address is:

 

Donaghy Sales, LLC

Attn: Brent Corson, HR Director

2363 S. Cedar Ave.

Fresno, CA 93725