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Privacy Notice for California Residents

Effective Date: January 1, 2020
Last Modified: February 3, 2020
 

This Privacy Notice for California Residents supplements the information contained in Alpargatas USA, Inc. dba Havaianas’s Privacy Policy. (“Alpargatas” or “we”) and applies solely to all visitors, users, consumers, 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 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice. 
 

Information We Collect

We collect 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 or device ("personal information"). In particular, we collected the following categories of personal information from our consumers within the last twelve (12) months: 

Category

Examples(1) 

Sources

Purpose

Third Parties Shared

A. Identifiers A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. A. Identifiers.    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.    Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.    To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation.
    Disclosure for business purposes to: third-party service providers, partners, and affiliates.
 
To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. A. Identifiers.    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.    Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.    To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation.
    Disclosure for business purposes to: third-party service providers, partners, and affiliates.
 
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).    A name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.    Directly from you.    To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation.
    Disclosure for business purposes to: third-party service providers, partners, and affiliates.
 
A name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. Directly from you. To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. Disclosure for business purposes to: third-party service providers, partners, and affiliates.
C. Protected classification characteristics under California or federal law. Gender, gender identity, gender expression, age, or any other category or activity protected by federal, state, or local laws, ordinances, or regulations. Directly from you. To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. Disclosure for business purposes to: advertising partners and administrative services.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.
 
To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. Disclosure for business purposes to: third-party service providers and advertising partners.
E. Internet or other similar network activity. Browsing history, search history, personal social media activity, personal email, online transactions, information on a consumer’s interaction with a website, application, or advertisement. Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.
 
To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. Disclosure for business purposes to: third-party service providers and advertising partners.
F. Geolocation data. Physical location or movements.  Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.
To fulfill or meet the reason you provided the information, for legitimate business purposes, or to comply with a legal obligation. Disclosure for business purposes to: third-party service providers and advertising partners.
G. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.

Directly from you.
Indirectly from you (e.g., from observing your actions on our website).

To fulfill or meet the reason you provided the information, fraud prevention, or protect our rights. Disclosure for business purposes to: advertising partners and administrative services.
Disclosure for legal reasons.  
 
H. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Directly from you.
Indirectly from you (e.g., from observing your actions on our website).
From third-party service provider, such as a data analytics provider.
 
To fulfill or meet the reason you provided the information or for legitimate business purposes. Disclosure for business purposes to: advertising partners and administrative services.

  (1) Examples listed herein are illustrative of the types of personal information included in each category and may or may not be the specific types of personal information collected on an individual person. Additionally, some personal information included in the categories may overlap with other categories.

Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA's scope, like:

    • 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;

    • 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.

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. 

  • For our legitimate business purposes. For example: 

    • 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 to help prevent 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 and in-store experiences 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 comply with a legal obligation. For example 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 consumers or Website users is among the assets transferred.

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

We may disclose your personal information to a third party for a business purpose or as required by law. 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 share your personal information with the following categories of third parties: 
  • Vendors and service providers. For example to assist us with the provision of our services, including internet service providers, payment processors, delivery services, and administrative services.

  • Affiliates, parent, and subsidiaries.

  • Analytics partners. For example to collect and process certain analytics data. 

  • Advertising partners. For example to show you ads that we think may interest you. 

  • Aggregated or de-identified form. For example to comply with various reporting obligations, for business or marketing purposes, or to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through our services.

  • As required by law. For example with tax authorities or to comply with law enforcement requests and legal process, such as a court order or subpoena or other lawful requests by public authorities, or to protect your, our, or others’ rights, property, or safety.

 

Your Rights and Choices 

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

Access to Specific Information and Data Portability Rights
You have the right to request that we 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 Access, Data Portability, and Deletion 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 or selling 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).

  • 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.

 
Deletion 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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), 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 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, 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 et. 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.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by writing to us at either:
 
Legal_USA@Alpargatas.com with “CCPA Request” in the subject line.
 
Havaianas
Attn: CCPA Request
513 Boccaccio Avenue
Venice, CA 90291.
 
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. To designate an authorized agent to make a request on your behalf, please send an email to Legal_USA@Alpargatas.com to request an Agent Authorization Statement form, or provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. We may also verify the identity of your designated agent.
 
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.

  • 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 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.
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.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Legal_USA@Alpargatas.com or write us at: Havaianas, Attn: Legal Department, 513 Boccaccio Avenue, Venice, CA 90291.
 

Changes to Our Privacy Notice

We reserve 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 we collect and use your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us at:
 

Email: Legal_USA@Alpargatas.com 

Postal Address: 
Havaianas
Attn: Legal Department
513 Boccaccio Avenue
Venice, CA 90291

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