PRIVACY POLICY

YOUR PRIVACY IS IMPORTANT TO OCEAN MIST FARMS

California Artichoke and Vegetable Growers, a California corporation, doing business as Ocean Mist Farms is and always has been built on trust. We are proud to provide products you can trust, and we view our website as an extension of our products. We are committed to protecting your privacy. The information we collect on this site is to advise you of new products, give you ideas about how to use our current products, improve the services and functions on this website and to provide a communications service to all our customers.

This Privacy Policy and Notice to Consumer (“Privacy Policy”) describes Ocean Mist Farms’ practices with respect to the collection, use, and disclosure of personal information it has collected within the past 12 months. Ocean Mist Farms does not sell any of the personal information it collects. This Privacy Policy also provides information about consumers’ rights, under California law, with respect to the personal information Ocean Mist Farms collects about them.

This Privacy Policy describes the Ocean Mist Farms’ generalized practices only and does not provide any specific information regarding Ocean Mist Farms’ activities with respect to any individual consumer’s personal information.

ACCESSING THE PRIVACY POLICY

If you are unable to access this policy because of a language barrier, disability, or any other reason, please contact Ocean Mist Farms via phone at (831) 633-2144 or via email at privacyrequest@oceanmist.com so that Ocean Mist Farms can provide you with a version of the Privacy Policy that is accessible to you.

DEFINITIONS

The terms used in this Privacy Policy shall have the same definitions given to them by the California Consumer Privacy Act (“CCPA,” Cal. Civ. Code §1798.100 et seq.), the regulations to the CCPA, and the California Online Privacy Protection Act (“COPAA,” Cal. Bus. & Prof. Code §22575 et seq.).

ACCEPTING THE TERMS OF THE PRIVACY POLICY

You consent to and agree to the terms of this Privacy Policy by expressly accepting the terms of this Privacy Policy or by using our website.

Ocean Mist Farms reserves the right to change this Privacy Policy at any time without notice. Any changes we make to the Privacy Policy will be reflected in the Privacy Policy posted to our website. To the extent Ocean Mist Farms decides to disclose or use your personal information in a manner different from the manner specified at the time the information was collected, advanced notice will be provided. Otherwise, Ocean Mist Farms’ use and disclosure of personal information collected will be done in accordance with the version of this Privacy Policy in effect at the time the information was collected.

OCEAN MIST FARMS’ COLLECTION AND USE OF PERSONAL INFORMATION

Ocean Mist Farms respects each persons’ right to privacy, including the right to data privacy. Therefore, Ocean Mist Farms processes sensitive personal data only as needed to meet legal obligations and retains all personal information securely in compliance with all applicable laws.

Information Ocean Mist Farms May Affirmatively Collect and How We Use It

You are generally free to view Ocean Mist Farms’ website without providing any personal information about yourself other than the data and usage information that is passively collected by our website, as discussed below.

However, Ocean Mist Farms may collect additional information directly from you when you provide it to us through our website. For example, Ocean Mist Farms may collect information from you when:

  • You provide it to us through our newsletter sign-up.
  • You provide it to use through our email sign-up.
  • You enter our sweepstakes or other promotions.
  • You download our digital content.
  • You request customer support.
  • You otherwise provide it to use when communicating with or contacting us directly.

The general categories of information Ocean Mist Farms may collect directly from you includes:

  • Identifiers – Including signatures, addresses, telephone numbers, and email addresses.
  • Protected Classifications – Including age and gender.
  • Commercial Information – Including records of your product and shopping preferences.

Ocean Mist Farms uses this information to customize and personalize your experience with our Company and its products. We may use the information we collect from and about you for a variety of business purposes, including responding to your customer service requests, improving customer experience and engagement, and enhancing our content, products, and services. Specific ways in which Ocean Mist Farms may use the information we collect from and about you includes:

  • Responding to your inquiries and contacting you when necessary.
  • Enhancing your online experience, including using the information to recognize you and welcome you to our website.
  • Reviewing the usage and operations of our website, developing new products or services, and conducting analysis to enhance or improve our content, products, and services.
  • Addressing problems with our website or our business and protecting the security or integrity of our website and our business.
  • Contacting you with information, newsletters, and promotional materials.
  • For other business purposes specifically disclosed at the time you provide your information to Ocean Mist Farms.

Information Ocean Mist Farms, or Our Service Providers, May Automatically Collect from You and How it is Used

Whenever you visit or interact with our website, Ocean Mist Farms and our service providers may use cookies, web beacons, pixel tags, log files, or other technologies to automatically or passively collect information about your online activity.

A cookie is a small piece of data stored on your computer or mobile device by your web browser. Web browsers typically offer you the ability to disable the use of Cookies. We use Cookies to identify the areas of our website that you have visited and to aggregate information regarding website traffic and interaction. Using Cookies, and other similar tools, allow us to personalize your website experience and the content that you see on our website.

We also utilize Google Analytics to collect information about the use of our website. Google Analytics, one of our service providers, may collect information such as how often you visit our website, what pages you visit on our website, when you visit the pages, and other websites you may have visited prior to accessing our website. Using Google Analytics allows Ocean Mist Farms to improve our website and your experience with our website. The terms governing Google Analytics collection and use of personal information in its role as Ocean Mist Farms’ service provider may be found here:

 https://marketingplatform.google.com/about/analytics/terms/us/

and here:

 https://privacy.google.com/businesses/processorterms/ccpa/.

The general categories of information Ocean Mist Farms and/or its service providers may automatically collect from or about you includes:

  • Internet or Other Electronic Network Activity – Including, but not limited to, computer device information including internet protocol (“IP”) addresses or other unique identifiers from a computer, mobile device, tablet, or other device used to access our website such as browser type, device type, and the domain name from which you access our site; usage information, including information about how you use our website such as the date and time you visit our website, the amount of time you spent on our website, the number of times you return to the website, information regarding which portions of our website you access, information regarding whether you open, forward, or click on the links we include in our emails to you, and other websites you may visit; location information, including information about where traffic on our website is coming from based on the location of a user’s IP address; and cookies, which are pieces of data stored on a web user’s hard drive that contain information about the user’s browsing activities.

Ocean Mist Farms uses this information to customize and personalize your experience with our Company and its products. We may use the information we collect from and about you for a variety of business purposes, including to respond to your customer service requests, to improve customer experience and engagement, and to enhance or improve our content, products, and services. Specific ways in which Ocean Mist Farms may use the information we collect from and about you includes:

  • Responding to your inquiries and contacting you when necessary.
  • Enhancing your online experience, including using the information to recognize you and welcome you to our website.
  • Reviewing the usage and operations of our website, developing new products or services, and conducting analysis to enhance or improve our content, products, and services.
  • Addressing problems with our website or our business and protecting the security or integrity of our website and our business.
  • Contacting you with information, newsletters, and promotional materials.
  • For other business purposes specifically disclosed at the time you provide your information to Ocean Mist Farms.

Information Regarding How Ocean Mist Farms, and Our Service Providers, May Share the Personal Information We Collect from You 

Ocean Mist Farms does not sell, trade or rent personal information about its users for monetary or other consideration. Any and all information we collect from you will be used only to support our relationship with you. We will never send unsolicited communications via email, and you can unsubscribe from our services at any time.

We instruct our service providers to refrain from selling the information they collect on our behalf and to refrain from using the information they collect on our behalf for purposes other than the specific services that we hire them to provide.

Ocean Mist Farms does not share the information comprising the categories of personal identifiers, protected classifications, or commercial information with any third parties or service providers in the ordinary course of business. Ocean Mist Farms may share the information comprising the category of internet or other electronic network activity information with its service providers or other third parties who assist Ocean Mist Farms in operating its website, or the information may be collected in the first instance by our service providers on our behalf.

Despite these general business practices, Ocean Mist Farms may share the personal information we, or our service providers, collect if necessary to: (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith belief may violate federal, state, or local laws; or (4) exercise or defend legal claims. Sharing information we, or our service providers, collect may also be necessary when such information is an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which a third party may assume control of all or part of our business.

Ocean Mist Farms maintains a short summary that explains generally the categories and types of personal information Ocean Mist Farms has collected from consumers over the past twelve months, the categories of sources from which the information is collected, and the business purpose for the collection. The summary further identifies the categories of information that Ocean Mist Farms has disclosed within the past twelve months and the categories of third parties to whom the information is disclosed. For this summary of information providing further detail on our practices regarding the collection, use, and disclosure of the personal information we collect, visit here.

HOW OCEAN MIST FARMS PROTECTS THE INFORMATION WE COLLECT

Ocean Mist Farms has implemented and maintains reasonable security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, exfiltration, theft, and disclosure. Ocean Mist Farms takes commercially reasonable precautions to prevent unauthorized access or disclosure to your personally identifiable information, to maintain data and information accuracy, and to facilitate the appropriate use of information. All information you provide to us is stored on our or our service providers’ secure servers behind firewalls. We have implemented a variety of encryption and security technologies and procedures to protect information stored in our computer systems from unauthorized access. We use physical, electronic, and managerial procedures to protect the personally identifiable information we collect online. We also maintain procedural safeguards that restrict access to personally identifiable information to employees (or people working on our behalf and under confidentiality agreements) who need to know such information in order to provide the products and services that you request. Additional database content is protected either by means of a two-key encryption algorithm Secure Socket Level ("SSL") encryption, and/or behind a Web Application Firewall (WAF) designed to protect, identify and prevent attacks against the website.

The safety and security of your information also depends on you. Please be sure to maintain the confidentiality of your personal information and refrain from sharing it with others.

CHILDREN’S PRIVACY

Ocean Mist Farms’ website is not directed at children under 13 years of age, nor does Ocean Mist Farms knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Ocean Mist Farms. Ocean Mist Farms does not sell any personal information, including that of any children under the age of 16.

DEIDENTIFIED AGGREGATED DATA

On some occasions, Ocean Mist Farms may use your data in an aggregated, non-specific format for analytical and demographic purposes. This processing, for example, may include using aggregated, non-specific data based on demographic or location-based information for marketing and customization purposes.

NOTICE TO CALIFORNIA RESIDENTS REGARDING RIGHTS UNDER CALIFORNIA LAW

Effective January 1, 2020, the California Consumer Privacy Act (“CCPA”) grants consumers (California residents) certain rights with respect to their personal information. Ocean Mist Farms respects the privacy rights of consumers and endeavors to make consumers aware of and comply fully with the rights afforded to consumers by the CCPA.

The Right to Know

This Privacy Policy sets forth Ocean Mist Farms’ current and past (within past 12 months) practices related to the general categories of personal information we collect, how we collect it, how we use the personal information we collect, and how, if at all, and with whom we share the personal information. In addition to what is described in this Privacy Policy, consumers have the right to request that Ocean Mist Farms disclose to the consumer the following information:

  • The categories of personal information Ocean Mist Farms has collected about the consumer.
  • The categories of sources from which Ocean Mist Farms collects the personal information.
  • The business or commercial purpose for collecting or selling (to the extent applicable) the personal information.
  • The categories of third parties with whom Ocean Mist Farms shares personal information.
  • The specific pieces of personal information Ocean Mist Farms collects about the consumer.

Ocean Mist Farms will provide this information to a consumer upon receipt and verification of a Verifiable Consumer Request to Know (hereinafter a “Request to Know”). For details on how to submit a Request to Know, see below. Any information provided by Ocean Mist Farms in response to a Request to Know will cover the 12 months preceding the date of the request.

The Right to Request that Ocean Mist Farms and its Service Providers Delete Your Personal Information

A consumer has the right to request that Ocean Mist Farms delete any personal information about the consumer which Ocean Mist Farms has collected from the consumer and direct any service providers acting on its behalf to do the same. Ocean Mist Farms will comply with a consumer’s request to delete his or her personal information upon receipt and verification of a Verifiable Consumer Request to Delete (hereinafter “Request to Delete”).

The CCPA may entitle Ocean Mist Farms to retain certain personal information collected from a consumer, notwithstanding the consumer’s request to delete the same. For example, notwithstanding a consumer’s request to delete, Ocean Mist Farms is entitled to retain the following information:

  • Personal information necessary to complete a contract between the consumer and Ocean Mist Farms.
  • Personal information necessary to detect security incidents.
  • Personal information necessary to identify and repair errors in Company provided products or services.
  • Personal information necessary to exercise any right provided for by law.
  • Personal information necessary to engage in research with information provided for by a consumer with informed consent.

Additional bases that would entitle Ocean Mist Farms to retain a consumer’s personal information, notwithstanding the consumer’s Verifiable Consumer Request to Delete the same, are set forth in California Civil Code §1798.105(d).

The Right to Opt-Out of the Sale of Your Personal Information

Under California law, a consumer has the right to opt-out of the sale of his/her personal information by a business that collects personal information and sells it (“Request to Opt-Out”). However, Ocean Mist Farms does not sell any personal information it collects from consumers. Because Ocean Mist Farms does not sell consumers’ personal information, a consumer does not need to submit any Request to Opt-Out.

The Right to Non-Discrimination for the Exercise of Your Rights Under the CCPA

A consumer has the right to be free from discrimination by Ocean Mist Farms because the consumer exercised any of his/her rights under the CCPA. Examples of discrimination may include:

  • Denying goods or services to you.
  • Charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties, in a manner that is not justified under the law.
  • Providing a different level or quality of goods or services.

Ocean Mist Farms will not discriminate against consumers who exercise their rights under the CCPA.

Exercising Your Rights Under the CCPA

Consumers may submit a request to exercise their rights under the CCPA by either of the following methods:

A consumer is entitled to utilize an authorized agent to exercise his/her rights under the CCPA. If the consumer chooses to utilize an authorized agent for this purpose and that agent is not acting pursuant to a power of attorney, Ocean Mist Farms reserves the right to require:

  • That the authorized agent submits a writing signed by the consumer in which the consumer authorizes the agent to act in making the request.
  • That the consumer directly verifies his or her identity with the business.
  • That the consumer otherwise directly confirms to Ocean Mist Farms that he/she has provided the authorized agent permission to submit the request.

Any authorized agent submitting a Request to Know on behalf of a consumer should complete and submit a completed California Authorized Agent Designation form to the privacyrequest@oceanmist.com email along with his/her request on behalf of the consumer or provide all the information required by the California Authorized Agent Designation to Ocean Mist Farms when submitting a consumer request via email or toll-free telephone.

Ocean Mist Farms’ Policies and Procedures for Complying with Consumer Requests Pursuant to the CCPA

Ocean Mist Farms follows stringent policies and procedures in responding to any and all consumer requests to exercise their rights under the CCPA. For more information on Ocean Mist Farms’ policies and procedures for responding to consumers’ requests to exercise their rights under the CCPA, visit here.

CONSENT TO PROCESSING OF PERSONAL DATA IN THE UNITED STATES

If you are a resident of the European Economic Area (“EEA”), in order to provide our website and products to you, we may send and store your personal information outside of the EEA, including in the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our website, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

LIMITATION OF LIABILITY

By using our website, you assume the risk of transmitting your information as it relates to the use of this website, and for any data corruptions, intentional interceptions, intrusions, or unauthorized access to this information that are not due to Ocean Mist Farms’ failure to maintain and implement commercially reasonably security measures. Further, you assume the risk of any delays, interruptions to, or failures that prevent the use of this website. In no event shall Ocean Mist Farms or any individual associated therewith be liable for any direct, indirect, special, consequential or monetary damages, including fees, and penalties in connection with your use of material posted on this website. This limitation shall govern your use of our website to the extent permitted by law.

Some portions of our website may contain links to other websites on the internet that are not under our control nor maintained by Ocean Mist Farms. By using this website, you acknowledge that we are providing these links to you only as a convenience and you agree that we are not responsible for the content of these websites, or how these websites use your personal information. Your use of these other linked websites, including social media pages, is subject to the respective terms of use and privacy policies located on those websites.

CONTACT FOR MORE INFORMATION

If you have any questions or concerns about Ocean Mist Farms’ privacy policies and practices, please contact Ocean Mist Farms via phone at (831) 633-2144 or via email at privacyrequest@oceanmist.com.