Privacy Policy

Fabiola’s Marketplace® Privacy Policy
Updated November 23, 2020

This Privacy Policy (“Policy”) applies to Fabiola’s Marketplace its affiliates, subsidiaries, divisions and designees. (“Fabiola’s Marketplace” or “we”). This Policy describes how Fabiola’s Marketplace collects, shares, uses, and safeguards customer personal information (“Personal Information”). This Policy covers Personal Information we collect anywhere. This includes our Fabiola’s Marketplace retail stores, our websites at Fabiola’s Marketplace.com, and any other websites where we post this Policy (collectively the “Site”).

INFORMATION WE COLLECT

We may automatically collect some information when you come to our Site.  This information helps us improve our Site and your experience on our Site.

Automatic Anonymous Information

What we collect automatically includes information about the computer or device you use to come to our Site. This may include the software that runs your computer, the type of software you use to access and search the internet, the service you use to go online, and the internet address assigned to your computer. This information helps us make our Site work better with your systems. We also collect data about how you use our Site such as the times you come to our Site and for how long. We may also know what websites you went to before and after our Site. It is not uncommon for online stores to collect this type of data. The information that is automatically submitted to us by your computer or device is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

Cookies

Like many websites, our Site uses “cookie” technology. A “cookie” is a small data file. Our Site may store cookies on your hard drive. Cookies help us know when you come back to our Site. Cookies also help us “remember” information about you. We may try to remember things such as what products you prefer and your log-in information. Personal Information may be tied to these cookies. We do this to help bring you a better shopping experience. It can make check out faster. It also helps us make shopping more personal to you. You can set your browser to not accept cookies, however some services on our Site may not be available.

Our company and our trusted third parties may share with one another anonymous versions of user information collected at this site. We may use that information to link to and issue anonymous cookies containing demographic or intent-based data for online behavioral advertising purposes. Such cookies do not contain personally identifiable information.

Pixel Tags

Our Site and our e-mails use pixel tags. Pixel tags are small electronic images. We use Pixel tags to deliver cookies, count visits, understand how our Site is used and tell how well our marketing is working. Pixel tags can also tell us if an e-mail has been opened and acted upon.

Third Party Analytics

We may also use companies, such as Google Analytics, to help us collect information about our Site. These companies may use their own cookies and web beacons on our Site.

 
Personal Information

• You may give us “Personal Information” that tells us who you are and other things about you. Personal Information we may collect includes your name, postal address, telephone number, e-mail address, and Fabiola’s Marketplace Club account number. We may also collect your user name and password.
• We may collect demographic data from surveys or third parties. Demographics help us know our customers. For example, demographics can tell us your age, your gender, and what type of pets you own.
• We may collect information you give us when you buy or use our products, create or update Fabiola’s Marketplace accounts, and contact us. We may also collect your information when you enter our contests or sweepstakes, take our surveys, interact with us on social media websites, and sign up for our newsletters and other communications.

Children’s Online Privacy

Our Site is designed for a general audience. We do not knowingly solicit or collect personal information as defined by the Children’s Online Privacy Protection Act (COPPA) from children under 13. If you are a parent or guardian and believe that we have collected such personal information other than as permitted by COPPA, please Contact us.

USE OF INFORMATION

When you submit Personal Information to us, you understand that you are agreeing to allow us to use your Personal Information to, among other things:

• Operate and improve our Site, business and services. We may keep a customer database and other business records for reasonable periods.
• Provide customer service to you.
• Communicate with you by postal mail, e-mail, phone and other ways about contests, promotions, rewards, events, and special offers for products and services from Fabiola’s Marketplace and our select partners (collectively, “Fabiola’s Marketplace Marketing Communications”).
• Find products and services you may like based on your past orders and activities.
• Send you business communications, including confirmations, invoices, notices, updates, product alerts, and administrative messages.
• Detect, prevent and enforce against fraudulent, malicious or illegal acts.
• Run contests, sweepstakes, programs and surveys.
• Transfer Personal Information to third party vendors, consultants and other service providers (“Vendors”). Our Vendors will use your information to do work for us. Your Personal Information is captured in the United States for processing by Fabiola’s Marketplace and our Vendors. In addition to the laws in your country of residence, the United States has certain laws that apply to your Personal Information. These laws may require us to disclose Personal Information to the United States government and other government authorities.
• Combine Personal Information we get from you with information from third parties, if allowed by law. We may do this to correct your Personal Information so we can get Fabiola’s Marketplace Marketing Communications to the right address. We may also do this to help improve your experience and make it more personal.
• Meet legal, regulatory, insurance, security and processing requirements.
• For other purposes with your consent or as permitted or required by law.

DISCLOSURE OF PERSONAL INFORMATION

We do not rent or sell your personal information to any third party. We will not disclose your personal information to third parties for their own marketing purposes except as described in this policy, or otherwise with your express consent. We may disclose your Personal Information to third parties:

• With your consent, for example, when you let us share your information with third parties for their own marketing purposes subject to their own privacy policies.
• As needed to meet legal, regulatory, insurance, audit, and security requirements.
• For legal reasons if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
  • meet any applicable law, regulation, legal process or enforceable governmental request.
  • enforce applicable Terms of Service, including investigation of potential violations.
  • detect, prevent, or otherwise address fraud, security or technical issues.
  • protect against harm to the rights, property or safety of Fabiola’s Marketplace, our users or the public as required or permitted by law.
• As permitted or required by law, including to respond to lawful requests and legal process, to protect the rights and property of Fabiola’s Marketplace our agents, customers, members, and others, to enforce our agreements, policies and terms of use, in an emergency to protect the personal safety of Fabiola’s Marketplace, its customers, or any person.
• In connection with any proposed or actual merger, sale of company assets, financing or acquisition of all or a part of our business to another company to evaluate and/or perform the transaction.
• We may also share information that does not directly identify you. This information may be in aggregated or anonymous form.

INFORMATION CHOICE AND ACCESS

• You can “opt-out” of Fabiola’s Marketplace Marketing Communications. If you opted-in to our sharing of your Personal Information with third party marketers, you could opt-out of that too. You may also request to access or change your Personal Information. You may also ask us to change your preferences for how we use your Personal information. To make these requests:
• Follow opt-out instructions in promotional e-mails we send to you.
• Contact us as described in Questions or Concerns below. Please include your full name, address, phone number and e-mail address. Also, tell us what information you would like to access, change or add to our “opt-out” list. This will help us process your request.
• If you “opt-out” of our Fabiola’s Marketplace Marketing Communications, you may still get business communications. Business communications include order confirmations, product recall information, or other administrative information.

SECURITY OF PERSONAL INFORMATION

Fabiola’s Marketplace takes reasonable steps to help protect Personal Information that we have or control against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.  We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

QUESTIONS OR CONCERNS

If you have questions or concerns about how we use your Personal Information, please Contact us.

 
CHANGES/UPDATES TO THIS POLICY

If we intend to use or disclose Personal Information in any way materially different than what we say in this Policy, we will make reasonable efforts to let you know about this change. When we make any changes to this Policy, we will display the effective date of this Privacy Policy at the top of this page.

Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy above 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) and any terms defined in the CCPA have the same meaning when used in this notice.

INFORMATION WE COLLECT

Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Our website has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category A: Identifiers

Examples: A real name, Internet Protocol address, email address, or other similar identifiers.

Collected: YES

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected: YES

Category C: Protected classification characteristics under California or federal law.

Examples: 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).

Collected: NO

Category D: Commercial information

Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Collected:  YES

Category E: Biometric information.

Examples: 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, and sleep, health, or exercise data.

Collected:  NO

Category F: Internet or other similar network activity.

Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Collected:  YES

Category G: Geolocation data.

Examples: Physical location or movements.

Collected:  YES

Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected:  NO

Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected:  NO

Category 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)).

Examples: 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.

Collected:  NO

Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected:  NO

Personal information does not include:

• Publicly available information from government records.
• De-identified 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.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete on our website or website usage details that are collected automatically.
• Indirectly from you. For example, from observing your actions on our website.

USE OF PERSONAL 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 products or services, 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. We may also save your information to facilitate new product orders.
• 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 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.
• 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.

SHARING PERSONAL INFORMATION

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Category D: Commercial information
• Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

YOUR RIGHTS AND CHOICES

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.

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:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • 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:

• 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 et. 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 verifiable consumer request to us. You may:

• Call us at 1-347-239-1962 or
• Contact us through our website.

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. 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.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. 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, specifically by electronic mail communication.

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.

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.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website who 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 Contact Us through our website.

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 display the effective date at the top of the Privacy Policy at the top of this page.

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as follows:

• Call us at 1-347-239-1962 or
• Contact Us  through our website