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Privacy Policy

Effective Date: January 1, 2020

Privacy Policy Overview

Thank you for visiting the website of Charlie’s Enterprises, Inc. doing business as OK Produce (“OK Produce”). This website is owned and operated by OK Produce, Inc. located at 1888 S. East Ave., Fresno, CA 93721.  This website (our “Website” or “Site”) is designed to familiarize you with the services of OK Produce (collectively, “us”, “we”, or “OK Produce”).  We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the “Policy”).

OK Produce provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, protection, and disclosure of personal information received from your use of this Site, as well as all related websites including our subdomains, applications, browser extensions, and other services provided by us (collectively, together with the Site, our “Service”), and in connection with our customer, vendor, and partner relationships.

1. Personal Information Collected

We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”). This Policy applies only to “personal information”, as defined in the CCPA, that we collect as a “business” as defined in the CCPA, but does not apply to personal information excluded from the scope of the CCPA. While CCPA applies to California residents, we believe everyone should have the same privacy rights regardless of where you live. With the exception of Sections 12 and 13, this Policy applies to all of our users. 

This Section 1 does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. To find this information regarding employment-related personal information, please see Section 5 below.

We have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information.

Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

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2. Purpose of Using Your Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our services on our Site, we will use that personal information to respond to your inquiry. 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 service and purchase orders.
  • To provide, support, personalize, and develop our Site and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our Site and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Site and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OK Produce’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by OK Produce about our Site users is among the assets transferred.

OK Produce 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.

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3. How We Obtain Information

We collect several types of information from and about you through the following sources:

A. Information Voluntarily Provided to us

  • When filling out forms on our Site (including without limitation, name, mailing address, email address, and telephone number).
  • Information you submit when you enter a contest or promotion sponsored by us.
  • Information you submit when you report a problem with our Site.
  • Records and copies of your correspondence (including email addresses and attachments to those e-mails), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Site and of the fulfillment of your orders.
  • Your search queries on the Site.
  • If you correspond with us by email, mail or via social network, we may retain the content of your communication or social network posting, the email or social network account address from which it is sent, and our response.  Content and other information in or related to emails sent by you to OK Produce or postings on any of OK Produce’s social network platforms, such as Facebook, LinkedIn, and Instagram, may be used as testimonials or for other marketing purposes.
  • If you contact us by phone, email, social media, or by some other means, we may keep a record of your contact information (including, but not limited to, your name, company name, email, address and phone number) and the correspondence.

B. Information From Service Providers

Companies we work with to help us provide services or operate our business, including, but not limited to, website services, IT and software services, mailing services, billing services, cyber security services and office security services.

C. Personal Information Automatically Obtained by Use of Service

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from service providers. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

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4. How We Share Your Information

We may disclose for business purposes some or all of the categories of personal information described above with the following categories of third parties:

Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your personal information with these third parties, but only to the extent necessary to perform these business functions and provide such services. We also require these third parties to act reasonably to maintain the privacy and security of the personal information they process on our behalf.

Compliance with Laws and Law Enforcement: OK Produce cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of OK Produce or a third party, to protect OK Produce against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Service and any equipment used to make the Service available, or to comply with the law.

Corporate Transactions: Parties to transactions and potential transactions for the sale, transfer or licensing of a portion or all of our business or assets, including your personal information, such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Professional Advisors: Professional advisors such as our lawyers, accountants, bankers and other outside professional advisors in the course of the services they provide to us.

Other Third Parties: We may share personal information with our administrative office, sales offices, and business partners to whom it is reasonably necessary or desirable for us to disclose your personal information for the purposes described in this Policy.

No “Sale” of Personal Information: OK Produce does not “sell” your personal information as defined in the CCPA.

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5. Personal Information For Job Candidates

Pursuant to the California Consumer Privacy Act, this Notice pertains only to personal information OK Produce may have collected about a California resident in the course of such person acting as a job applicant to, an employee of, director of, officer of, or contractor of OK Produce. During the course of your application for employment with OK Produce, we may collect certain information about you. The categories of information we may collect, and the purposes for collecting them, include:

Category of Information Why We Collect it
Identification and work eligibility, including but not limited to your name, Social Security Number, driver’s license number, and citizenship/visa status To track your application in our systems, to conduct background checks, and to verify your eligibility to accept employment
Personal information, as defined in California Civil Code
section 1798.80, such as contact information, date of birth, mobile phone information, insurance policy number, education, employment, employment history financial information, medical information, health insurance information, and demographic information
To identify you within our systems, to report metrics to the government regarding application and hiring activity, to conduct background checks, and to contact you to follow up on your application
Background information, including but not limited to complete background, credit, drug/alcohol and/or other checks when permitted by law, and information received during these checks If applicable, to conduct other pre-employment background checks and screening, including but not limited to credit checks, drug testing, criminal record checks, sex offender registry checks, professional license/credential checks, and education and employment verifications
Internet or other electronic network activity information, including but not limited to browsing history, searching history, or IP address. To facilitate the efficient and secure use of the company’s information systems, ensure compliance with company policies and procedures, and investigate complaints and any suspected violations of company policy.
Geolocation, including but not limited to physical location or movements. To help maintain the safety, security, and integrity of our systems, Website, services, other technology assets, and business.
Professional or employment-related information, including but not limited to employment, and professional information, including professional licenses To process, evaluate, and communicate with you about your application and assess your eligibility and fit for the role for which you applied
Non-public education information such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades and transcripts To process, evaluate, and communicate with you about your application and assess your eligibility and fit for the role for which you applied
Inferences drawn from any of the Personal Information listed above To assess your qualifications for certain positions

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6. How We Protect Your Information

The security of your personal information is important to us and OK Produce uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. Please remember, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.  While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to OK Produce or the Site, and you do so at your own risk.  Once we receive your transmission of information, OK Produce makes commercially reasonable efforts to ensure the security of our systems. Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information. In the event that personal information is compromised as a result of a breach of security, OK Produce will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

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7. Do not Track

Currently, various browsers — including Microsoft Edge, Google Chrome, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites’ visited by the user about the user’s browser DNT preference setting. OK Produce does not currently commit to responding to browsers’ DNT signals with respect to the Site, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent.

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8. Links To Other Websites

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.

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9. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site page, as determined by OK Produce in its sole discretion.  By providing OK Produce your email address, you consent to our use of your email address to send you Site and service-related notices, including any notices required by law, in lieu of communication by postal mail provided that we reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.

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10. Minors

OK Produce and its Services are intended for an audience over the age of 18. We don’t knowingly collect personal information from children under 16. Because we don’t knowingly collect this information, OK Produce also does not sell personal information of minors under 16 years of age. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 16 has given us personal information, please contact us through the Contact Us section on the Site.

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11. Changes To Our Privacy Policy

We reserve the right to change this Policy at any time. If we make any material changes to this Policy, we will update the “Effective Date” at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

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12. CCPA: Your Rights and Choices (California Residents Only)

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.

A. Access to Specific Information and Data Portability Rights

You can request a copy of the personal information that we have collected about you during the past 12 months.

You can also request the following information relating to you about our collection and use of your personal information over the past twelve (12) months:

  • The categories of personal information that we have collected.
  • The categories of sources from which we collected personal information.
  • The business or commercial purpose for collecting and/or selling personal information.
  • The categories of third parties with whom we share personal information.
  • The categories of personal information that we sold or disclosed for a business purpose.
  • The categories of third parties to whom the personal information was sold or disclosed for a business purpose.

B. Deletion Request Rights

You have the right to request us to delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request 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.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • 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 seq.).
  • 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.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a request to us by either:

Toll-Free Number: 800.888.4284

Email: Charlie Marusich, Director of Sales ([email protected])

You may only make a request for access or data portability twice within a 12-month period. The 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. We reserve the right to confirm your California residency. Government identification may be required.
  • If you wish to designate an authorized agent to make a request on your behalf, we will need to verify both your and your agent’s identities, which may require submission of government identification. Your agent must also provide other proof of authority acceptable to us in our sole discretion.
  • 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. In certain cases, we may be permitted by law to deny your request.

Making a request does not require you to create an account with us. We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

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13. Non-Discrimination (California Residents Only)

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.

We provide these tools for your benefit and we will never discriminate against you for using them. But if you choose to delete your data or close your account, we won’t be able to offer you services that require us to use your data.

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14. Disclaimer

Although our Site is accessible throughout the world, our Site is designed for and targets U.S. audiences, and is governed by and operated in accordance with the laws of the United States. We make no representation that our Site is operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that our Site or content/materials on our Site are appropriate for use outside of the United States.

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15. Contact Us

If you have any questions about this Policy, the practices of this Site, your dealings with this Service, or wish to update us with your preferences, you may contact us using one of the following methods:

Email: [email protected]

Send mail to: Kamalpreet Aujla
Director of IT
OK Produce
1888 S. East Ave.
Fresno, CA 93721

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