Privacy Notice for California Consumers

Last Updated: June 14, 2024

HARIBO of America, Inc. (“HARIBO,” “we,” “us,” or “our”) provides this Privacy Notice for California Consumers (the “CCPA Privacy Notice”) to supplement the information contained in the HARIBO Privacy Policy. This CCPA Privacy Notice sets forth our privacy practices as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).

The CCPA Privacy Notice applies only to all visitors, users or customers residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “Personal Information” as described in the CCPA (“Consumers”). Any terms defined in the CCPA have the same meanings when used in this CCPA Privacy Notice.

Privacy Notice for California Consumers

California Notice at Collection

HARIBO of America, Inc. (“HARIBO”, “we,” “us,” or “our”) collects your Personal Information to support our business operations, including for the business purposes listed below.

We will not sell the Personal Information we collect. We also will not share it with third parties for cross-context behavioral advertising.

To view our full Privacy Policy, visit https://www.haribo.com/en-us/privacy.

We may collect the Personal Information categories listed below:

A. Identifiers.
Examples of Personal Information Collected:
A real name, alias, online identifier, Internet Protocol address, or email address.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples of Personal Information Collected:
A name or telephone number.
Note: Some Personal Information included in this category may overlap with other categories.

C. Internet or other similar network activity.
Examples of Personal Information Collected:
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

How We Use Personal Information

We may use, or disclose the Personal Information we collect from you or about you to do one or more of the following:

  • To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to ask us a question or inquire 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. When you sign up to receive benefits from us, we may use your information to facilitate communication about that program or benefits.
  • To contact you and to inform you about products, services, promotions, special offers, and/or events that may interest you.
  • To inform you about products and services you have purchased from us.
  • To provide, support, personalize, and develop our Website, products, 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 personalize your App or Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, mobile applications, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our App or Website, products and services, databases and other technology assets, and business.
  • For research, analysis, and business development, including to develop and improve our Website, products, 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 or subsequently agreed to by you.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Consumers is among the assets transferred.

HARIBO 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.

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).


Privacy Notice for California Residents

Information We Collect

We may collect Personal Information from you in a variety of different situations, including, but not limited to on our website https://www.haribo.com/en-us (“Website”), your mobile device, including through mobile applications provided by us (“Apps”), through email, through the mail, and/or over the telephone. The categories of Personal Information we collect from Consumers will depend on the particular business purpose for which we collect them (see How We Use Your Personal Information). In particular, we have collected the following categories of Personal Information from Consumers within the last twelve (12) months:

A. Identifiers.
Examples of Personal Information Collected:
A real name, alias, online identifier, Internet Protocol address, or email address.

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

Examples of Personal Information Collected:
A name or telephone number.
Note: Some Personal Information included in this category may overlap with other categories.

C. Internet or other similar network activity.
Examples of Personal Information Collected:
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Personal information does not include deidentified or aggregated consumer information.

HARIBO obtains the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, among other things.

How We Use Personal Information

We may use, or disclose the Personal Information we collect from you or about you to do one or more of the following:

  • To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to ask us a question or inquire 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. When you sign up to receive benefits from us, we may use your information to facilitate communication about that program or benefits.
  • To contact you and to inform you about products, services, promotions, special offers, and/or events that may interest you.
  • To inform you about products and services you have purchased from us.
  • To provide, support, personalize, and develop our website, products, 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 personalize your App or Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, mobile applications, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our App or Website, products and services, databases and other technology assets, and business.
  • For research, analysis, and business development, including to develop and improve our Website, products, 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 or subsequently agreed to by you.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Consumers is among the assets transferred.

HARIBO 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.

Retention Period
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

How We Share Personal Information
We may disclose your Personal Information to a third party for a business purpose, including to our service providers.

We share your Personal Information with the following categories of third parties:

  • Our business partners.
  • Service providers (including, but not limited to, attorneys, accountants, IT service providers).

Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, HARIBO has not disclosed Personal Information for a business purpose.

Sales or Sharing of Personal Information
In the preceding twelve (12) months, HARIBO has not sold Personal Information nor has HARIBO shared Personal Information for cross-context behavioral advertising purposes.

Your Consumer Rights and Choices

The CCPA provides Consumers 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 HARIBO 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 (see Exercising Access, Data Portability, Deletion and Correction Rights), 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 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.
  • If we disclosed your Personal Information for a business purpose, a list disclosing such 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 HARIBO 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 (see Exercising Access, Data Portability, Deletion and Correction Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

In accordance with the CCPA, we may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, but is not limited to, 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.
  • 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.

Right to Correct

You have the right to request HARIBO to correct inaccurate Personal Information collected about you. HARIBO will make commercially reasonable efforts to correct any inaccurate Personal Information we hold about a consumer within 45 days of receiving a verifiable consumer request. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Right to Opt-Out of Personal Information Sales and Sharing

If you are age 16 or older, you have the right to direct us to not sell or share your Personal Information for cross-context behavioral advertising purposes at any time (the “right to opt-out”). Please note that we do not currently engage in sales or sharing of Personal Information triggering such opt-out requirements.

Right to Limit Disclosure or Use of Sensitive Personal Information

You have the right to limit the disclosure or use of your Sensitive Personal Information to only those actions necessary for HARIBO to provide goods and services to you or as otherwise specifically directed by you. Please note that we do not currently collect Sensitive Personal Information triggering such limitation rights.

Exercising Access, Data Portability, Deletion and Correction Rights

To exercise the access, data portability, deletion and correction rights described above, please submit a verifiable consumer request to us by calling us at 1.800.638.BEAR or by e-mailing us at info-us@haribo.com.

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. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

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 within forty-five (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.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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.

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.


OTHER CALIFORNIA RIGHTS:

CALIFORNIA’S SHINE THE LIGHT LAW (CA CODE 1798.83)

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of certain personal information about you by us to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information to third parties for their direct marketing purposes.

Changes to Our CCPA Privacy Notice

HARIBO reserves the right to amend this CCPA Privacy Notice at our discretion and at any time. When we make changes to this CCPA Privacy Notice, we will post the updated notice on the App and Website and update the notice's Last Updated Date above. Your continued use of our App or Website or interaction with us through other methods following the posting of changes and/or our directing you to the updated CCPA Privacy Notice constitutes your acceptance of such changes.

CONTACT INFORMATION

Any comments, concerns, complaints, or questions regarding this CCPA Privacy Notice may be addressed to info-us@haribo.com or you may call us at 1.800.638.BEAR. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the Website or to HARIBO.