Privacy Policy

JOSEPH J. ALBANESE, INC. PRIVACY POLICY
Effective December 21, 2020

 

At Joseph J. Albanese, Inc., (“JJA”, also referred to as "us" or "we" in this Privacy Policy), your personal privacy is important to us. The following Privacy Policy describes the practices that we have adopted.

 

Please review this Privacy Policy, which governs the information collected through use by you (collectively sometimes referred to herein as "you" or "your") of the Website, or information collected in any other manner.  Each time you access, use, or browse the Website, you signify your acceptance of the then-current Privacy Policy.  If at any time you do not accept this Privacy Policy, then you are not authorized to access, browse or use the Website and you must discontinue use of the Website immediately.

Notice at Collection: Please review at www.jjalbanese.com/privacy/noticeatcollection.

Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties
Our Website contains links to or integrations with other sites, whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

This Privacy Policy only addresses JJA’s use and disclosure of your personally identifiable information. We are not responsible for the privacy practices of any third parties or the content of linked websites, although we encourage you to read any applicable privacy policies of such parties or websites.

Protection of Personally Identifiable Information
We have put in place appropriate physical, electronic and managerial procedures to safeguard against foreseeable risks, such as unauthorized access.  Please be aware that the Website and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.  We are not responsible for the acts and omissions of any third parties.

No transmission of data over the internet is guaranteed to be completely secure.  We cannot guarantee the security of the information on and sent from the Website. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is done at your own risk.

Compromise of Personally Identifiable Information

In the event that PII is compromised as a result of a breach of security, we will promptly notify those persons whose PII has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

Information from Children
Because of the nature of our business, our products and services are directed to persons 18 years of age or older and are not designed to appeal to minors.  If you provide information to us through the Website, you represent and warrant to us that you are 18 years of age or older.  We do not knowingly collect, use, sell, share, disclose attempt to solicit or receive any personal information from children under the age of 18. Specifically, the Website is not intended or designed to attract children under the age of 13.  If you are 13 -17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant that you have permission of your parent or guardian to use the Website, who agrees to this Privacy Policy and the Terms of Use on your behalf.  If you are a parent and believe that we may have inadvertently collected personal information from your child, please notify us immediately by sending an email, including the Website to which your request pertains, to privacy@jjalbanese.com.

Conditions of Use, Notices and Changes to Our Privacy Policy
By using the Website you agree to the terms and conditions in this Privacy Policy and the JJA Terms of Use (the terms and conditions of which are hereby incorporated by reference). In the event of any conflict between the terms and conditions of this Privacy Policy and the Terms of Use, then the Terms of Use shall control. If you do not agree to any of these terms and conditions you should not access, browse or use the Website.

You agree that any dispute over privacy or the terms contained in this Privacy Policy, our Terms of Use, or any other agreement we have with you will be governed by the law of the State of California.

As our business changes from time to time, this Privacy Policy and the Terms of Use are subject to change at any time.  We reserve the right to amend the Privacy Policy and Terms of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy and/or Terms of Use to the Website and changing the version number and date of the Terms of Use and Privacy Policy which is noted just below the first line of text that is the title of these documents. . The use of your information is subject to the Privacy Policy and Terms of Use in effect at the most recent time of use. The policies and procedures described herein replace all previous policies and procedures regarding this subject. We encourage you to periodically check back and review the policies and procedures so that you always will know what PII and other information we collect, how we use it, and with whom we share it.

Governing Law
This Privacy Policy shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.

Notice of Privacy Rights of California Residents

Personal Information Shared for Direct Marketing Purposes

Please note that JJA does not currently, and has no current plans to, share any Personal Information for Direct Marketing Purposes.

If you are a California resident and have provided personal information to us, you are entitled by law to request certain information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To make such a request, send an email to privacy@jjalbanese.com with "Request for California Privacy Information" on the subject line and in the body of your message.  Include the website or line of business to which your request pertains.  We will provide the requested information to you at your e-mail address in response.  Please allow thirty (30) days for a response.  We are required to respond to only one request per customer each year, and we are not required to respond to requests made by means other than through the above email address. 

 

We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so.  You may make such a request by sending us an email at privacy@jjalbanese.com or mailing your request to Joseph J. Albanese, Inc., 851 Martin Avenue, Santa Clara, CA 95050, Attn: Privacy Team.  When contacting us, please indicate your name, address, email address, which website or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

California Do Not Track Disclosures

Please note that JJA does not currently, and has no current plans to, track your browser activity.

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings.  DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies.  We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed.  We continue to review new technologies and may adopt a DNT standard once one is created.  For information about DNT, please visit: www.allaboutdnt.org.

California Residents: Your Request Rights

Please note that JJA does not currently, and has no current plans to, collect, use, or share any of your Personal Information unless it is provided voluntarily by you.

This privacy notice for California residents supplements the information contained in the previous portions of this Privacy Policy and applies solely to all visitors, users, 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”), as may be amended or supplemented, and any terms defined in the CCPA have the same meaning when used in this notice.

If you are a California resident, you should be aware that you have certain special rights regarding your PII and any “personal information” as that term is described in the California Consumer Privacy Act. Such information is collectively referred to in this Privacy Policy as “personal information”.

 

1) If you are a California resident, you may request that we disclose the following:

         

          (a) The categories of personal information we have collected about you.

          (b) The categories of sources from which the personal information is collected.

          (c) The business or commercial purpose for collecting or selling personal information.

          (d) The categories of third parties with whom we share personal information.

          (e) The specific pieces of personal information we have collected about you.

 

We do not knowingly collect, use, share or disclose personal information from children under the age of 18.

 

2) If you are a California resident, we are obligated to make additional disclosures if we choose to sell or share your data for business purposes.  While we do not sell your personal information, we may disclose your personal information to third parties in the ordinary course of business.  Following this, we will disclose the following at your request:

         

          (a) The categories of personal information that the business collected about you.

          (b) The categories of personal information that the business sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.

          (c) The categories of personal information that we have disclosed about you for a business purpose.

 

You may request the above information at least twice per 12 month period.  We will ask for some verification to comply with this request in order to protect your privacy. 

 

3) If you are a California resident, you may also make a request to delete the information we have collected about you. 

 

Your Rights and Choices

 

Please note that JJA does not currently, and has no current plans to, collect, use, or share any of your Personal Information unless it is provided voluntarily by you. JJA does not and will not sell your Personal Information.

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, 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:

          (1) Sales, identifying the personal information categories that each category of recipient purchased; and

          (2) 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, 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.

 

Right to Opt-Out

 

You have the right to direct us to not sell your personal information at any time (the "right to opt-out").  To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

www.jjalbanese.com/privacy/donotsell

You may also make a request to opt-out by one of the following additional methods:

  • Calling us (408) 727-5700 and requesting to speak with the Privacy team or

  • Contacting us at privacy@jjalbanese.com

 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.  However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at privacy@jjalbanese.com.

You do not need to create an account with us to exercise your opt-out rights.  We will only use personal information provided in an opt-out request to review and comply with the request.

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 filling out the form www.jjalbanese.com/privacy/donotsell or by contacting us at privacy@jjalbanese.com or calling us at (408) 727-5700 describing your request(s).  The verification we may request will reflect personal information that you have previously provided to us. 

Only you, or a person registered with the California Secretary of State that you authorize 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.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  These requests are free, though we reserve the right to implement a reasonable fee for excessive or complex requests you may submit.  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.

Before responding to a request by you, we will ask you to verify your identity using personal information you have previously provided to us, in order to protect your privacy.  The manner in which we do so will vary on how you make a request and what is being requested.  For example, if you submit an inquiry via email, we will respond with an email requesting verification. Otherwise, we may ask you verbally if you make this request over the phone (or in person). We may not be able to oblige all requests, as we are prohibited from disclosing some information. 

In the event that you are using an authorized agent to request a disclosure or the deletion of your information, please send us a signed letter, including your name, email, your agent's name, and your agent's email, authorizing your agent.  We may then ask you to verify your identity with us by email before responding to a request by your agent. Alternatively, you may directly confirm with us that the agent is authorized to submit the request.

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.  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 for access or deletion within forty-five (45) days of its receipt, and a verifiable opt-out request within fifteen (15) days from receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

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.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time.  We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.  Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

www.jjalbanese.com/privacy/donotsell

You may also make a request to opt-out by one of the following additional methods:

 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.  However, you may change your mind and opt back in to personal information sales at any time by e-mailing us at privacy@jjalbanese.com.

You do not need to create an account with us to exercise your opt-out rights.  We will only use personal information provided in an opt-out request to review and comply with the 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.

 

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects.  Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.


Questions Regarding This Privacy Policy
If you have any questions about our Privacy Policy, or would like to remove your stored information, please contact us at privacy@jjalbanese.com  or you can write to us at Joseph J. Albanese, Inc., 851 Martin Avenue, Santa Clara, CA 95050.