Privacy Policy

PRIVACY POLICY

Sites and Site Operator:  The websites to which the following Privacy Policy apply include but are not limited to https://www.donfranciscos.com (collectively, “the FGS Website(s)”). The site operator is F. Gaviña & Sons, Inc., a California corporation (“FGS”), 2700 Fruitland Avenue, Vernon, CA 90058.  The agent of FGS for receiving and forwarding questions and requests regarding the Terms of Use and the Privacy Policy is Jonathan Kirsch, Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067, (310) 785-1200, jk@jonathankirsch.com.

Compliance Statement.  Notwithstanding any other term or condition of the TOU, and to the extent required by applicable law, FGS complies with the applicable provisions of (i) the General Data Protection Regulation of the European Union regarding personal data collected from Users who reside in the European Union, and (ii) the California Consumer Privacy Act. 

Data Controller.  FGS is the controller of the personal data and personal information (collectively referred to as “personal data”) that is collected by FGS from Users and/or about consumers.

Consent to Collection of Personal Data.  Personal data is collected and processed only with the unambiguous consent by the data subject as evidenced by clicking on the I AGREE button at log-in, registration and/or purchase of goods or services at the FGS Website(s). As noted below, the FGS Website(s) use “cookies” in the operation of its Website(s), and by clicking on the I AGREE button, Users are consenting to the placement and use of cookies. To the maximum extent permitted by law, access to and use of the FGS Website(s) is also deemed to constitute unambiguous consent by the data subject.

Notice of the Nature and Purpose of the Personal Data and Information Collected by FGS.

     (a) FGS collects the following categories of personal information and personal data for the following purposes, and only to the extent that the collection and processing of personal data is adequate, relevant and not excessive in relation to these purposes:

     User-Provided Information.  FGS collects information that is provided by the User during the registration process at the ICF Website(s) (collectively, the “User-Provided Information”).  Such information may include, but is not limited to, name, address, phone numbers, email addresses, and other contact information; and browsing, search and purchase history. All of the User-Provided Information (with the sole exception of financial data, such as credit card numbers, provided by the User in connection with the on-line purchase transactions) may be used by FGS in its communications and dealings with the User.

     Information Provided by Third Parties.  FGS may acquire information about Users and other consumers from third parties. Such information may include, but is not limited to, name, address, phone numbers, email addresses, and other contact information; and browsing, search and purchase history.  All such information may be used by FGS in its communications and dealings with the User.

     Credit Card Transactions.  If the User provides credit card and other financial information in connection with on-line purchases of goods and services from FGS, such information shall be used by FGS (and/or third-party services engaged by FGS) only for the purpose of processing the payments and will not be maintained on file by FGS.

     Automatic Data Collection.  When the User visits and uses the FGS Website(s), certain information may be collected automatically, including domain names, IP addresses, transaction data, and traffic data that does not necessarily personally identify a User.  FGS may use such data for monitoring, correcting and customizing the functionality of the FGS Website(s); for market research and marketing purposes by FGS; for monitoring and detecting, and substantiating any use of the FGS Website(s) in violation of the applicable Terms of Use; and for sharing with affiliates, but information will not be shared with unaffiliated third parties and, when shared with affiliates, will be shared only on an aggregate basis that does not ordinarily permit the identification of individual Users. 

     Cookies.  The Website(s) may employ “cookie” technology to keep track of a User’s activity and usage of the Website(s) and to collect and store information between a User’s visits to the Website(s). Cookies are small text files stored on the User’s computer that a website can use to recognize repeat users and to facilitate each user's ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. FGS cannot control the use of “cookies” by advertisers or third parties hosting data or facilities for the Website(s).  Users who elect to remove or disable the “cookies” on their computers may impair the functionality of the Website(s). As set forth in the notice that appears on the landing page of the Website(s), any User who enters the Website(s) after landing on the landing page is consenting to the use of “cookies” as described above.

     Release of Information Under Other Circumstances.  FGS reserves the right to disclose information whenever required to do so in order to comply with applicable law and/or legal process, and/or to enforce the terms of the TOU or any other agreement between the User and FGS, and/or the protect or enforce the rights, property, safety, or security of FGS, its advertisers and affiliates, and its employees, contractors, vendors, agents and representatives.

     (a) FGS uses its best efforts to assure that personal data is accurate when collected and updated when and where necessary to meet that objective.

     (b) FGS takes every reasonable step to correct or delete personal data that is inaccurate or incomplete.

     (c) Personal data collected by FGS is kept for no longer than is necessary for the purposes for which the data was collected or for which it is further processed, and is deleted if and when it is no longer necessary for these purposes.

     (d) FGS utilizes appropriate technical and organizational measures to protect against loss, alteration and/or unauthorized disclosure of, and/or access to, personal data and/or the unauthorized processing of personal data.

Rights of Users.  As may be required under various applicable laws, the rights of the User may include: (i) the right to be notified of the personal information collected from them, and the purpose for collecting each category of information, at or before the point at which the personal information is collected; (ii) the right to request the disclosure of the categories of information that are collected, sold and/or disclosed; (iii) the right to receive copies of specific personal information that has been collected; (iv) the right to withdraw their consent to the collection and processing of personal data and/or the use of “cookies”; (v) the right to be notified before personal information is sold to a third party and the opportunity to “opt-out” of the sale of such personal information; (vi) the right to access the personal data and rectify, erase or block the data; (v) the right to receive the personal data that FGS has collected and to transmit the personal data to another data controller; and (vii) the right object to the processing of their personal data without express consent, that is, the right to “opt out.”  Users may exercise any such applicable rights by contacting the Chief Privacy Officer.

Rights of Individuals.  Individuals whose personal information has been collected by FGS may have rights set forth by various applicable laws even if they are not Users. Individuals may exercise any such applicable rights by contacting the FGS agent for receiving and forwarding such communications: Jonathan Kirsch, Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067, (310) 785-1200, jk@jonathankirsch.com.

Rights of Users and Other Individuals Under the Age of 18.  Users and other individuals who are under the age  of 18 must provide verifiable consent by a parent or guardian, and are not bound by the Terms and Use and Privacy Policy unless the User has “opted in.”

No Sale or Other Disclosure of Personal Data.  FGS does not sell the personal data or personal information of Users or other individuals to third parties, and does not disclose such data to third parties except as described in the TOU.

User Authorization.  By clicking on the I AGREE button, however, Users are also acknowledging and agreeing that (a) FGS is authorized to transfer their personal data outside the European Union, and (b) because FGS is explicitly authorized to make the personal data of some Users to third parties, FGS will be able to rectify, erase or block the data that remains under its direct control but may not be able to do the same for personal data that has already been made available to third parties with the consent of the User.

Effective Date: This Privacy Policy was last revised on October 30, 2019.  FGS reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by applicable law, the User is responsible for monitoring the FGS Website(s) to determine if any changes have been made to the Privacy Policy in the future.  Access to and/or use of the FGS Website(s) by the User after the date of any such change shall be deemed to confirm the User’s agreement to be bound by the Privacy Policy then in effect.  By agreeing to the Terms of Use applicable to the FGS Website(s) at which this Privacy Policy is posted, the User is also agreeing to be bound by this Privacy Policy.

Scope of Privacy Policy.  The Privacy Policy applies to information collected by FGS through the Website(s), including information that is provided to FGS by the User and information that is collected by FGS in connection with the use of the Website(s). The Privacy Policy does not apply to other websites that may be linked to the Website(s) and/or otherwise accessible through the Website(s), including websites operated by advertisers and other third parties.  The User is cautioned to determine the applicable privacy policies for any such third-party sites.  The Privacy Policy does not apply to information collected by FGS through its off-line business operations.

Terms of Use.  This Privacy Policy is incorporated by reference in the Terms of Use (“TOU)” that generally apply to the Website(s), and the User is cautioned to consult the TOU in its entirety for more information on the terms and conditions that apply the User’s access to and use of the Website(s).

Children’s Online Privacy.  FGS does not target, solicit the participation of, and/or provide services directed to children under the age of 13 and/or minors under the age of 18.  Any User who is under the age of 18 must secure and submit to FGS verifiable written consent from his or her parent or guardian before accessing or using the FGS Website(s). Please direct any such submissions to the Chief Privacy Officer.

Questions:  If a User has any questions or requires any assistance regarding the FGS Website(s), the Terms of Use and/or the Privacy Policy, please contact the FGS agent for receiving and forwarding such communications: Jonathan Kirsch, Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067, (310) 785-1200, jk@jonathankirsch.com.

Copyright © 2019 by F. Gaviña & Sons, Inc. All Rights Reserved.

GAVIÑA and  DON FRANCISCO’S, and all associated word marks, design marks and trade dress, are trademarks of F. Gaviña & Sons, Inc. and may not be used with its permission.