Effective: May 14, 2019
P.G. Molinari and Sons, Inc.
1401 Yosemite Avenue
San Francisco, CA 94124
Attn: Legal Department
This Policy applies only to information we collect through our Website. It does not apply to information we collect through other channels.
Please read this Policy carefully to understand our policies and practices regarding your information. By accessing or using our Website, you agree to this Policy. If you do not agree to this Policy, you may not use our Website.
Our Terms and Conditions
This Policy is part of the Terms and Conditions that govern your use of our Website. A link to our Terms and Conditions is provided at the bottom of each page of our Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age and you must be at least 18 years old to have our permission to use this Website. We do not knowingly collect, use, or disclose personally identifiable information from children under 13. If you believe that we have collected, used, or disclosed personally identifiable information of a child under the age of 13, please contact us using the contact information above so that we can take appropriate action.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website. Some of the information we collect is personally identifiable information which means it identifies you personally, alone or in combination with other information available to us. Personally identifiable information may also be called personal data in this Policy. The personally identifiable information we collect falls into the following categories:
- Information that you directly provide to us, for example, when completing a registration or contest-entry form, requesting services, or posting “User Contributions” (content you post using the social networking tools we make available to you). This includes first name, last name, email, title, address, fax number, and company or institution.
- Information from third-party social media platforms. You may be able to register with, log on to, or enhance your profile on our Website by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personally identifiable information, from your profile on that platform. We treat that information as we do any other personally identifiable information you give to us when you register, log on, or enhance your profile.
- Personally identifiable information in the form of online identifiers such as your Internet Protocol (“IP”) address. An IP address is an identifier for a computer or other electronic device (“Device”) on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your Device whenever you are surfing the Web, allowing web servers to locate and identify your Device. Devices require IP addresses in order for users to browse the Internet.
- Information from your browser or Device, such as information about your internet connection, the equipment you use to access our Website, and usage details.
We do not collect special categories of data – such as information about your race, political opinions, religion, health or sexual orientation – unless you have chosen to provide that information to us.
How We Use Your Information
We use information that we collect from or about you through this Website:
- to provide the information, products and services you request;
- to provide you with effective customer service;
- to provide you with a personalized experience when you use our Website by delivering relevant Website content;
- to contact you with information and notices related to your use of our Website;
- to contact you with special offers, suggestions, recommendations and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
- to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
- to improve the content, functionality, security and usability of our Website;
- to use data analytics to improve our products, services, marketing and promotional efforts;
- for security, credit or fraud prevention purposes; and
- for any other purpose identified in an applicable click-through agreement or other agreement between you and us.
The “Careers” section of the Website allows you to find out about various roles and vacancies at our organization. You can also follow the links provided to apply for advertised roles. The links take you to our recruitment portal website. The collection of personally identifiable information through the recruitment portal website is governed by separate privacy policies which we encourage you to consult before submitting your personal information.
Sharing of Your Information
Aggregated Information: We share aggregated information about our users (e.g. statistical or demographic data) for any purpose. Such information could be derived from your personally identifiable information but is not considered personally identifiable information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect aggregated information with your personally identifiable information so that it can directly or indirectly identify you, we treat the combined information as personally identifiable data which will be used in accordance with this Policy.
User Contributions: User Contributions, including those that contain personally identifiable information, are publicly accessible. In particular, please note that User Contributions, by definition, can be read, collected, used, and further disclosed by other users of our Website. We are not responsible for the way other people use this information. We strongly recommend you avoid sharing any personal details, and especially information that can be used to identify you directly such as your name, age, address and name of employer, in your User Contributions. We are not responsible for the privacy of any identifiable information that you post in our online community or other public pages of the Website. Therefore, you should have no expectation of privacy with respect to User Contributions you submit on or through our Website. We may also use User Contributions you submit for advertising campaigns and other promotions and we share User Contributions with third parties for such purposes. Where such advertising campaigns or promotions involve using personally identifiable information connected to your User Contribution, we will seek your consent before using the information.
More generally, we share your personally identifiable information with the following third parties, where required:
- Members of the Molinari and Sons corporate family, including our wholly owned subsidiaries and joint ventures. These entities are permitted to use your personally identifiable information in a manner consistent with this Policy.
- Contractors, service providers, professional advisors, insurers, finance providers or external auditors we use to operate our Website and support our business.
- 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 Molinari and Sons’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personally identifiable information held by Molinari and Sons about our Website users is among the assets transferred.
- Anyone to whom disclosure is necessary to fulfill the purpose for which you provide personally identifiable information. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
- Any person or entity to whom we are required or requested to make such disclosure by any court of competent jurisdiction or by any governmental, taxation or other regulatory authority, law enforcement agency or similar body.
We may also disclose your personally identifiable information when we, in good faith, believe disclosure is required to protect the rights, property, or safety of Molinari and Sons, our customers or others.
Choices Regarding Your Information
Email preferences. You can opt out of promotional emails we send you. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication. Please note that you cannot opt out of transactional emails, such as emails confirming a purchase made on our Website.
Do Not Track Mechanisms. California law requires this Policy to address how we respond to any “Do-Not-Track (‘DNT’) signal” delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
Previously Expressed Preferences. You may be able to change previously expressed preferences regarding how we use your information. To do so, please contact us using the contact information provided above.
In relation to marketing communications, we may provide you with an “opt in” or “opt-out” mechanism depending on where in the world you are located. An “opt-in” mechanism will provide you the opportunity to positively indicate that you agree to our sending you such further communications. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any.
Interacting with Social Media on our Website
Facebook, Twitter, and other social media platforms provide tools that many of our customers use and enjoy, and we include links to various social media platforms on our Website. If you interact with these social media platforms through our Website, your experience on those platforms will be governed by the privacy and other policies of those platforms. We encourage you to choose your privacy settings on those sites accordingly.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Unfortunately, the transmission of information via the internet is not completely secure. Therefore, we cannot guarantee the security of personally identifiable information transmitted to our Website. Any transmission of personally identifiable information is at your own risk. Subject to applicable law, we are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Do Not Track Mechanisms
Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
Links to Other Websites
Users Located in the European Economic Area
If you are located in the European Union, Iceland, Liechtenstein or Norway (the “EEA”), in accordance with Article 13 of the European Union General Data Protection Regulation 2016/679 (the “GDPR”), this section of the Policy (together with other relevant section of this Policy) provides information about the collection, use, processing, and sharing of data about you.
For the purposes of this section, “personal data” means any information relating to an identified or identifiable natural person. P.G. Molinari and Sons, Inc. is the data controller for the purposes of personal data processed through this Website. We have designated a representative who is responsible for overseeing questions in relation to this Policy.
Lawful Bases for Processing
We process the personal data of visitors to this Website who are located in the EEA for the purposes set out above. The lawful basis for each purpose may be different. Please contact us if you would like to know the specific legal basis which applies in connection with a particular processing operation. In general, the lawful bases that we rely on are the following:
- Contractual necessity – We will process your personal data where necessary for us to meet our contractual commitments to you.
- Legitimate interests – This means our interest in conducting and managing our organization to enable us to provide you with the best products and give you the best service. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). Our legitimate interests include:
- Administering our operations;
- Providing high quality customer service;
- Developing our products and services, and what we charge for them;
- Defining types of customers for any new products or services;
- Understanding how our Website is being used;
- Developing and growing our operations;
- Ensuring cybersecurity;
- To enhance protection against fraud, spam, harassment, intellectual property infringement, crime and security risks; and
- To meet our obligations and enforce our legal rights.
- Consent – In accordance with applicable law, we may seek your consent or explicit consent to process personal data collected on this Website or volunteered by you. For example, in relation to our marketing and promotional activities.
- Compliance with laws and regulations – We will process your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
International Transfers of Personal Data Outside of the EEA
The processing of all personal data by us through this Website will take place in the United States. Visitors to this Website acknowledge that personal data provided or collected through this Website will be transferred to the United States.
We may transfer your personal data between entities within the Molinari and Sons group and/or to the third parties noted above. We may transfer your personal data outside the EEA relying on appropriate or suitable safeguards or specific derogations recognized under applicable data protection law, including the GDPR.
The European Commission has approved standard data protection clauses (“Standard Contractual Clauses”), which provide safeguards for personal data transferred outside of the EEA. We use Standard Contractual Clauses when transferring personal data from a country in the EEA to a country outside the EEA. Please contact us if you would like further information.
Rights of Data Subjects
Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out below or learn more about such rights, please contact us.
- Access your personal data;
- Correct or update any of your personal data that is inaccurate;
- Restrict or limit the ways in which we use your personal data;
- Object to the processing of your personal data;
- Request the deletion of your personal data; and
- Obtain a copy of your personal data in an easily accessible format.
In addition, where we rely on consent to process your personal data, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you have any complaints regarding our privacy practices, you have the right to make a complaint with your national data protection authority.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We will retain your personal data for as long as is necessary for the purposes listed in this Policy unless a longer period is required under applicable law, or is needed to resolve disputes or protect our legal rights or otherwise comply with legal obligations.
When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the data, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Failure to Provide Personal Data
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service or order you have with us but we will notify you if this is the case at the time.
Access to Your Information
You may request to review or update the personally identifiable information you have provided to us through our Website by contacting us using the information provided above. We will respond to your request within a reasonable time or within the time set out by applicable law. When appropriate, or as required by applicable law, we will correct, amend or delete your personally identifiable information. We reserve the right to limit or deny access to personally identifiable information where providing such access is unreasonably burdensome or expensive under the circumstances, or as otherwise permitted by applicable law.
This Policy May Change
For your convenience, whenever this Policy is changed, we will update the “effective date” at the top of this page. Be sure you check the effective date to see if this Policy has been revised since your last visit.