Effective Date:  03/6/2023

Last Updated on: 3/3/2023

This Privacy Notice for California Residents supplements the information contained in Voodoo Doughnut, LLC Privacy Policy and applies solely to all visitors, users, 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, as amended by the California Privacy Rights Act of 2020 (collectively CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

Our Website collects 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, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; or
• Information excluded from the California Privacy Laws scope, such as:
  • 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; or
  • 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 may collect the personal information and sensitive personal information categories listed in the tables below. The tables also list, for each category, our expected retention period, use and purposes, and whether we sell the information or share it with third parties for cross-context behavioral advertising.

 

Personal Information Category	Retention Period	Examples	Collected
A. Identifiers.	As required by law or as long necessary for a business purpose, whichever is longer.	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.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	As required by law or as long necessary for a business purpose, whichever is longer.	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.	YES
C. Protected classification characteristics under California or federal law.	N/A	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, reproductive health decision-making, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	As required by law or as long necessary for a business purpose, whichever is longer.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	N/A	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.	NO
F. Internet or other similar network activity.	As required by law or as long necessary for a business purpose, whichever is longer.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	N/A	Physical location or movements.	NO
H. Sensory data.	N/A	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	N/A	Current or past job history or performance evaluations.	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)).	N/A	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.	NO
K. Inferences drawn from other personal information.	N/A	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

 

Sensitive personal information is a subtype of personal information consisting of specific information categories. We do not collect or use information that falls with the sensitive personal information categories listed in the table below to infer characteristics about a person.

 

Sensitive Personal Information Category	Retention Period	Collected
A. Government Identifiers, such as Social Security number, driver’s license, state identification card, or passport number.	N/A	NO
B. Complete account access credentials, such as user names, account numbers, or card numbers combined with required access/security code or password.	N/A	NO
C. Precise geolocation (Physical address location within a small area (1,850 feet radius)).	N/A	NO
D. Racial or ethnic origin.	N/A	NO
E. Religious or philosophical beliefs.	N/A	NO
F. Union membership.	N/A	NO
G. Mail, email or text message contents not directed to us.	N/A	NO
H. Genetic data.	N/A	NO
I. Unique biometric information used for identification.	N/A	NO
J. Health information.	N/A	NO
K. Sex life, or sexual orientation information.	N/A	NO

 

Our Website obtains the categories of personal information and sensitive personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.

Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use or disclose the personal information or sensitive 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 request a price quote or 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 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 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website user is among the assets transferred.

We will not collect additional categories of personal information or sensitive personal information or use the information we currently collect for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information and/or sensitive personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We DO NOT sell personal information or sensitive personal information.

 

Personal Information Category
	Business Purpose Disclosures
A: Identifiers.	To improve your use of the website
B: California Customer Records personal information categories.	To improve your use of the website
C: Protected classification characteristics under California or federal law.	None
D: Commercial information.	To improve your use of the website
E: Biometric information.	None
F: Internet or other similar network activity.	To improve your use of the website
G: Geolocation data.	None
H: Sensory data.	None
I: Professional or employment-related information.	None
J: Non-public education information.	None
K: Inferences drawn from other personal information.	None

 

             

Sensitive Personal Information Category
	Business Purpose Disclosures
A. Government Identifiers, such as Social Security number, driver’s license, state identification card, or passport number.	None
B. Complete account access credentials, such as user names, account numbers, or card numbers combined with required access/security code or password.	None
C. Precise geolocation (Physical address location within a small area (1,850 feet radius)).	None
D. Racial or ethnic origin.	None
E. Religious or philosophical beliefs.	None
F. Union membership.	None
G. Mail, email or text message contents not directed to us.	None
H. Genetic data.	None
I. Unique biometric information used for identification.	None
J. Health information.	None
K. Sex life, or sexual orientation information.	None

 

Your Rights and How to Exercise Them

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information since January 1, 2022  (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know, Correct, or Delete), 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.

Right to Correct

You have the right to request that we correct any of your personal information that we collected from you and retained (the "right to correct"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request and use commercially reasonable efforts to correct the identified personal information. We may deny your correction request if the request is manifestly unfounded or excessive, if the information is publicly available information, or if the information is otherwise exempt from the CCPA.

Right to Delete

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 (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights ), we will review your request to see if an exception allowing us to retain the information applies. 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.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Opt-Out of Targeted Advertising                                                                                

You have the right to direct us to stop sharing your personal information for cross-context behavioral advertising (the "right to opt-out of targeted advertising"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request and stop sharing your personal information for cross-context behavioral advertising. We may deny your opt-out request if the use of the information is necessary for us to comply with legal obligations, exercise legal claims, or defend legal claims, if the information is publicly available information, or if the information is otherwise exempt from the CCPA.

Exercising Your Rights

To exercise your rights to know, correct, delete, or opt-out of targeted advertising, as described above, please submit a request by either:

• Mailing us at Voodoo Doughnut, 828 SW 1st Ave., Suite 300, Portland, OR 97204
• Visiting voodoodoughnut.com

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 submit a request to know twice within a 12-month period.

All requests 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.

You do not need to create an account with us to submit a request.

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

Response Timing and Format

We will confirm receipt of your request within ten (10) business days.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

Non-Discrimination

We will not discriminate against you for exercising any of your California Privacy Laws rights.  Unless permitted by the California Privacy Laws, 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; 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 California Privacy Laws that can result in different prices, rates, or quality levels.  Any California Privacy Laws -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.