Privacy Notice for CA Residents
Privacy Notice for CA Residents
Last Modified: 1 October 2024
This Privacy Notice for California Residents supplements the information contained in Alpargatas USA, Inc. dba Havaianas’s (“Havaianas”, “we”, “us” or “our”) Privacy Policyand 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, as amended by the California Privacy Rights Act of 2020 and its implementing regulations (“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:
- Identifiers, such as name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Commercial information, such as records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
- Geolocation data
- Sensory data, such as audio, visual or similar information
- Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior and attitudes.
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.
Havaianas does not collect sensitive personal information. However, if you provide us with photographs, it may be possible to infer your gender and racial or ethnic origin. We will only use and disclose such information as necessary to fulfill the purposes of collection or as permitted under the CCPA and we will not sell or share such information.
Havaianas collects the personal information described above from or through the following categories of sources:
- You, directly and indirectly, including when you access the Wesbite or when you purchase our products, register an account with us, sign up for our rewards program, subscribe to our newsletter or contact us; and
- Business partners, including those that provide website analytics digital advertising services to us and online advertising networks and social media platforms.
Use of Personal Information
We may use or disclose each of the categories of personal information listed above for one or more of the following purposes:
- To provide the Website to you;
- To fulfill your requests, such as those related to ordering and payment;
- To create and manage your account with us;
- To administer our rewards program, discounts and any contests or giveaways;
- To operate and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us;
- To personalize our advertising, marketing communications, shopping experiences and promotional offers and to deliver promotions and offers to you that we think may be of interest to you;
- If you sign up for our email list or to receive promotional text messages, to send you emails or text messages about products or offers that we think might be of interest to you;
- For customer service, security, to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Website;
- For research and analytics purposes;
- To respond to your inquiries and communicate with you;
- For our other business purposes, such as data analytics, audits, developing new products or services, enhancing our Website, improving our products and services, identifying Website usage trends, determining the effectiveness of our promotional campaigns and seeking advice from professional advisers such as lawyers;
- As we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce this Privacy Policy and our Terms of Use; (v) to protect our operations; (vi) to protect our rights, privacy, safety or property, and/or that of you or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.
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.
Disclosing Personal Information
We may disclose your personal information to the following categories of third parties:
- contractors, service providers, and other third parties we use to support our business to perform the functions for which we engage them. 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 for our internal business purposes.
- 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.
- To governmental agencies, law enforcement or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; (3) investigating fraud which has already taken place; (4) to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions; (4) necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process; or (4) to pursue available remedies or limit damages we may sustain. The information is not provided to these agencies or companies for marketing purposes.
- To enforce or apply our Terms of Use .
- To a buyer or other successor in the event of 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 users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, 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, and if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipient(s).
- For any other purpose disclosed by us when you provide the information.
- With your consent.
Selling or Sharing Personal Information
The following categories of personal information were sold or shared in the last twelve (12) months:
- Identifiers, such as name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Commercial information, such as records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
- Geolocation data
- Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior and attitudes.
Such information is sold to or shared with our third-party website analytics and digital advertising service providers.
We share or sell such information to:
- Provide the Website to you;
- Operate and personalize the products and services we offer, and to give each consumer a more consistent and personalized experience when interacting with us;
- Personalize our advertising, marketing communications, shopping experiences and promotional offers and to deliver promotions and offers to you that we think may interest you;
- For security, to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Site;
- For research and analytics purposes;
- For our other business purposes, such as data analytics, audits, developing new products or services, enhancing our Website, improving our products and services, identifying Website usage trends, determining the effectiveness of our promotional campaigns and seeking advice from professional advisers such as lawyers;
- As we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce this Privacy Policy and our Terms of Use; (v) to protect our operations; (vi) to protect our rights, privacy, safety or property, and/or that of you or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.
Retention of Personal Information
We will retain the personal information we collect for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.
Financial Incentive – Rewards Program
We offer various financial incentives, such as discounts and other benefits for customers who sign up to receive our marketing emails or join our rewards program (the “Rewards Program”). When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You may opt-in to the Rewards Program at any time at https://havaianas.com/us/en/rewards.html. Our rewards page located at: https://havaianas.com/us/en/rewards.html describe the material terms of the Rewards Program. you may revoke your decision to opt-in to the Rewards Program at any time by contacting us at info@havaianas.com.
In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. We value your personal information as the value of the offer or discount provided to you, and the value of your personal information is reasonably related to the value of the offer or discount presented to you.
Personal Information of Minors
Havaianas does not have actual knowledge that we sell or share personal information about minors under the age of 16.
Your Rights and Choices
The CCPA provides consumers 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, use, disclosure, sale or sharing of your personal information. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction 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, selling or sharing 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.
- If we sold, shared or disclosed your personal information for a business purpose:
- sales or sharing: identifying the categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each third party to whom the personal information was sold or shared; and
- disclosures for a business purpose: identifying the categories of personal information we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
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, Correction 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:
- 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.
- Help to ensure security and integrity to the extent the use of personal information is reasonably necessary and proportionate for those purposes.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the ability to complete such research, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information.
- Comply with a legal obligation.
Right to Opt-Out of Sale or Sharing of Personal Information
You have the right to direct a business that sells or shares personal information about you to third parties not to sell or share your personal information. We do not sell your personal information for monetary consideration. However, we do use cookies and other tracking technologies (e.g., pixels) for targeted advertising purposes. The collection of data through certain tracking technologies for our targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CCPA. To opt-out of having your information sold and shared with third-party website analytics and digital advertising service providers for this purpose, please go to the footer of our Website and select the “Do Not Sell or Share My Personal Information” link.
Right to Correct Inaccurate Personal Information
You have the right to request that we correct inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
Right to Limit Use and Disclosure of Sensitive Personal Information
You have the right to direct a business that collects sensitive personal information about you to limit its use of your sensitive personal information (1) to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; (2) for certain business purposes; and (3) as authorized by the implementing regulations of the CCPA. As stated above, Havaianas does not collect sensitive personal information. However, if you provide us with photographs, it may be possible to infer your gender and racial or ethnic origin. We will only use and disclose such information as necessary to fulfill the purposes of collection or as permitted under the CCPA and we will not sell or share such information.
Exercising Access, Data Portability, Correction and Deletion Rights
To exercise the access, data portability, correction 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 for all requests with the exception of general questions/concerns in which case we will respond within thirty (30) days. Additionally, we will respond to opt-out requests within fifteen (15) days. 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.
The response we provide will 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