TERMS FOR SALE & PRIVACY NOTICE

FOR CALIFORNIA RESIDENTS

Last Modified: March 10,2021 - Effective Date: March 10, 2021

    This Privacy Notice for California Residents (“California Privacy Notice”) is a supplement to Foray Design’s Privacy Policy and is a part of it. Defined terms in the Privacy Policy shall carry the same meaning herein.

  

 This supplement to Foray Design’s Privacy Policy has been adopted to comply with the California Consumer Privacy Act of 2018 (the “CCPA”), effective as of January 1, 2020, as presently constituted and as it may be amended from time to time, together with any regulations promulgated thereunder. 

    

This is a summary of rights and obligations under the CCPA. You should read the CCPA or guidance from regulatory authorities for a full explanation of the CCPA and rights and obligations under it. The CCPA and guidance from the California Attorney General can be found on the internet or by contacting the California Attorney General.

    

This California Privacy Notice only applies to the Consumers, as defined in the CCPA. Under the CCPA, a “Consumer” means a natural person who is a California resident, as defined under California law. 

  

 Under the CCPA, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It includes, but is not limited to, the following types of information:

  • 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. 

 

  • characteristics of protected classifications under California or federal law

  • commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

  • biometric information

  • internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with the Internet Website, application, or advertisement

 

  • geolocation data

 

  • audio, electronic, visual, thermal, olfactory or similar information

 

  • professional or employment-related information

 

  • education information that is not publicly available under the Family Educational Rights and Privacy Act (20 U.S.C. section 1232 g, C.F.R. Part 99)

 

  • inferences drawn from any of the information identified above to create a profile about a Consumer relating to the Consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes

 

“Personal Information” does not include publicly available information, as defined by the CCPA.

 

Consumer Rights under the CCPA

 

As a Consumer under the CCPA, You have certain rights. This is a summary of those rights.

 

Notice of Personal Information Collected. 

 

  • As a Consumer under the CCPA, You have the right to know:

 

  • the categories of Personal Information Foray Design collects about You

 

  • the categories of sources from which the information was collected

 

  • the business or commercial purpose for collecting, disclosing or selling Personal Information

 

  • the categories of third-parties Foray Design has disclosed Personal Information to for a business purpose and the categories of Personal Information disclosed


Foray Design’s Privacy Policy sets forth this information. 


Access to Personal Information Collected. You may request that Foray Design provide You access to the specific pieces of Personal Information collected about You in a readily usable format. However, this right is limited to the Personal Information collected in the 12 month period before Foray Design receives Your request for this Personal Information.


Disclosures of Personal Information for Business Purposes


Foray Design may share Personal Information with a Service Provider for operational business purposes, including:

 

  • auditing a current interaction and concurrent transactions

 

  • detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity and prosecuting those responsible for that activity

 

  • debugging to identify and repair errors that impair existing intended functionality

 

  • for short-term, transient use, where Personal Information is not disclosed to another third-party and is not used to build a profile about a Consumer or otherwise alter an individual Consumer’s experience outside the current interaction

 

  • actions to verify or maintain the quality or safety of a service or device that is owned, manufactured for, or controlled by Foray Design, and otherwise to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by Foray Design

 

As referenced in Foray Design’s Privacy Policy, Google Analytics receives information about a user of the Site and reports Aggregate (not Personal) Information to Foray Design. 


Deletion of Personal Information Collected.


As a Consumer under the CCPA, You may request Foray Design to delete Personal Information it has about You and to inform any third-party Foray Design may have shared such Personal Information with to do the same, subject to certain limitations. Your Personal Information may not be deleted if the Personal Information is necessary to do any of the following:

 

  • to maintain Your Account with Foray Design, to take and fulfill any order of Product You have made, provide customer service to You and/or handle any warranty claims about any Product You purchased or to otherwise complete the transaction between Foray Design or You for which the Personal Information was collected or maintained, or to perform a contract between Foray Design and You, or to provide a Product or service to You that You requested or which is reasonably anticipated or appropriate within the context of Our ongoing business relationship 

 

  • detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity or prosecute those responsible for such activity

 

  • debug to identify and repair errors that impair existing intended functionality

  • exercise free speech, ensure the right of another consumer to exercise his or her right of free speech or exercise another right provided for by law

  • comply with California Electronic Communications Privacy Act 

 

  • comply with an obligation required by law, regulation, court, governmental investigation or inquiry or other legal obligation 

 

  • to enforce Foray Design’s Terms of Use, Terms of Sale, this Privacy Policy or other rights it may have

 

  • to investigate or respond to claims that the rights of third-parties are being violated

 

  • to protect the rights, property or personal safety of Foray Design, its employees, its suppliers, its customers, users of the Site and the public 

 

  • 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, if the deletion of this information is likely to render impossible or seriously impair the achievement of the research, if You have provided informed consent

 

  • to enable solely internal uses that are reasonably aligned with Your expectations based upon the relationship between You and Foray Design

 

  • comply with a legal obligation

 

  • use Your personal information, internally, in a lawful manner that is compatible with the context in which You provided Foray Design with this information

 

Opt-out of Sales


As a Consumer under the CCPA, You may request to opt out of having Your Personal Information sold by a business to a third-party. 

 

Foray Design does not sell Your Personal Information to any third-party. As referenced in Foray Design’s Privacy Policy, Google Analytics receives information about a user of the Site and reports Aggregate (not Personal) Information to Foray Design. 

 

Personal Information Requests and Responses


A request concerning Your Personal Information must be made by You or someone authorized to act on Your behalf and include all information necessary for Foray Design to verify that the request is being made by the person about whom it has Personal Information or that Person’s authorized representative. The request must also provide Foray Design with the information necessary for it to completely understand the request, evaluate it and prepare its response to it. 

 

Foray Design will respond to Your request concerning Personal Information within the time period permitted by the CCPA. Its response may also contain questions about the request and Foray Design’s request for additional material information concerning your request. 

 

Non-Discrimination


Under the CCPA, a business is prohibited from discriminating against a Consumer for exercising their rights under the CCPA. 

 

Foray Design will not discriminate against a Consumer for exercising his or her rights under the CCPA.

 

Changes to this Notice


Foray Design may update or change this California Privacy Notice from time to time. Consumers should check this California Privacy Notice from time to time to make sure that they are aware of any updates or changes.  If it updates or changes this California Privacy Notice, Foray Design will place the revised notice on the Site. 

 

Contact Information


If a Consumer has any questions or concerns about this California Privacy Notice, or seek to submit an inquiry, request or complaint, the Consumer can contact Foray Design’s Privacy Administrator by e-mail at foraydesigns@gmail.com or mail a letter to the Privacy Administrator at Foray Design, LLC 17116 Melgrave Ave. Cleveland, Ohio 44135.