PLATO'S CLOSET®
CALIFORNIA PRIVACY POLICY
Last Revised on: 1/1/2020
This Privacy Policy for California Residents (“California Privacy Policy”) supplements the information contained in the Plato's Closet® primary privacy policy. Winmark Corporation (“we,” “us,” “our” or “Winmark”) has adopted this California Privacy Policy in accordance with the notice requirements under the California Consumer Privacy Act of 2018, as amended (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this California Privacy Policy. This California Privacy Policy is parallel in scope to our privacy policy.
DEFINITIONS SPECIFIC TO THIS POLICY
The CCPA includes definitions for terms specific to this California Privacy Policy that do not apply to the Plato's Closet® privacy policy, including the following terms:
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that cannot be reconstructed to identify you; any information covered under the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, activities covered by the Fair Credit Reporting Act, or protected health information as defined under the Health Insurance Portability and Accountability Act.
“Sale" or “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
“Service Provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
“Third Party” means a person or entity who is not a business that collects Personal Information from consumers, as defined in the CCPA, and to whom the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
THE PERSONAL INFORMATION WE COLLECT AND DISCLOSE
The chart below shows the categories of Personal Information we may collect; examples of the type of Personal Information in each category; all types of sources from which each category of Personal Information is collected; the business purpose(s) for which that category of Personal Information is collected; and all types of third parties with whom that category of Personal Information is shared. As this chart shows, we disclose certain Personal Information to third parties for a business purpose. This information covers the past 12 months.
| Categories of Personal Information | Examples: | Types of Sources from which this Category of Personal Information Is Collected | Business Purpose(s) for Collection | Types of Third Parties with Whom this Category of Personal Information Is Sold and/or Disclosed |
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| Unique identifiers | Name, signature, address, telephone email, account name, SSN, DL number, passport number, online identifier, IP address |
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| Government ID number | Social security number, passport number, driver’s license or state identification card number |
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| Physical description | Physical characteristics or description |
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| Financial information | Bank account number, credit card number, debit card number, or any other financial information |
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| Protected class data | Characteristics of protected classifications under California or federal law, including: race, national origin, age (40 years or older), marital status, sex, disability, and veteran or military status |
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| Purchase history | Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
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| Biometric data | Fingerprint |
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| Internet activity | 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 |
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| Geolocation data | Geolocation data |
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| Inferences | Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
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We will not collect a category of Personal Information not listed above, or use any Personal Information collected in any of the above categories for a business purpose not listed above, without first providing you with notice.
You have the right to request certain information regarding the Personal Information we have collected about you in the preceding 12 months. You may make such a request up to twice in a 12-month span. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
- If you would like to request the specific pieces of Personal Information we collected about you, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for information that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
- If you would like to request (1) the categories of Personal Information collected about you; (2) the categories of Personal Information sold; (3) the categories of third parties to whom the information was sold; and (4) the categories of Personal Information that were disclosed for a business purpose, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for information that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
VERIFICATION PROCESS
We will ask you to provide your name (first and last), email address, phone number and identify the Plato's Closet® store location where you shop and describe your most recent purchase or interaction with the store.
NON-DISCRIMINATION
We will not discriminate against you if you exercise any of the rights provided by the CCPA set forth in this California Privacy Policy. Please note that a legitimate denial of a request for information, deletion, or to opt-out is not discriminatory, nor is charging a fee for excessive or repetitive consumer requests as permitted by the CCPA.
DELETION OF YOUR PERSONAL INFORMATION
You have the right to request that we delete certain Personal Information that we have collected. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
- If you would like to request that we delete your Personal Information pursuant to the requirements of the CCPA, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for deletion that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
AUTHORIZED AGENTS
You may designate an authorized agent to exercise your rights under the CCPA on your behalf.
Pursuant to the CCPA:
- Only a business entity or natural person registered with the California Secretary of State may act as an authorized agent.
- You must provide the authorized agent written permission to exercise your rights under the CCPA on your behalf.
- We may deny a request from an authorized agent on your behalf if the authorized agent does not submit proof that he, she, or it has been authorized by you to act on your behalf if we request such proof, as permitted by the CCPA.
- Even if you use an authorized agent to exercise your rights under the CCPA on your behalf, pursuant to the CCPA we may still require that you verify your own identity directly to us. This provision does not apply if you have provided a power of attorney under California Probate Code sections 4000 to 4465.
RIGHT TO OPT-OUT
You have the right to request that we do not sell Personal Information that we have collected. If you exercise that right, please note that pursuant to the CCPA we may have to subsequently inform you that you need to opt-in if the sale of your Personal Information is required to complete a transaction you have initiated. If opting-in is required, we will provide you with the necessary instructions.
- If you would like to request that we do not sell your Personal Information pursuant to the requirements of the CCPA, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for deletion; if you use the telephone number, you will be guided through a process that will allow you to submit a request.
- You may also submit a request to opt-out by email at privacy@winmarkcorporation.com.
- If you use an authorized agent to submit your request to opt-out, we will request that the agent provide us with proof that he, she, or it has been authorized by you to act on your behalf. The CCPA requires you to provide the authorized agent written permission to exercise your rights under the CCPA.
If you opt-out of the sale of your Personal Information, we will wait at least 12 months before asking you if we may sell your Personal Information.
ADDITIONAL INFORMATION
If you would like additional information regarding our California Privacy Policy, please email us at privacy@winmarkcorporation.com .
ADDITIONAL CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our web site that are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to privacy@winmarkcorporation.com with the subject “Shine the Light Request.”
You may view our main privacy policy here or contact us at marketing@winmarkcorporation.com or 800-433-2540 with any questions.
CHANGES TO OUR CALIFORNIA PRIVACY POLICY
Winmark reserves the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy, we will post an updated notice on our website with the effective date.