Privacy Policy

This Site collects some Personal Data from its Users.

This Policy contains a section dedicated to Californian consumers and their privacy rights.

This Policy can be printed for reference by using the print command in the settings of any browser.

Owner and Data Controller

This “Policy” describes how Lowey Enterprises dba  Sunrise Produce Company and its affiliates (“Sunrise,” “we,” “us,” or “our”) collects, uses, and shares personal information we collect through our website and this Application (each, a “Site”) and through the services we provide through each Site.

Types of Data Collected

Among the types of personal data (“Personal Data”) that this Site collects from its users (referred to herein as “User,” “you”, or “your”), by itself or through third parties, include: information by which you may be personally identified, email address; first name; last name; telephone number, information about your usage of the Site (“Usage Data”) (generally, collectively referred to as “Data”).

Complete details on each type of Personal Data collected are provided in the dedicated sections of this Policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Site.

Unless specified otherwise, all Data requested by this Site is mandatory and failure to provide this Data may make it impossible for this Site to provide its services. In cases where this Site specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact Sunrise.

Any use of Cookies – or of other tracking tools – by this Site or by the owners of third-party services used by this Site serves the purpose of providing the service required by the User, in addition to any other purposes described in this Policy and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published, or shared through this Site and confirm that they have the third party’s consent to provide the Data to Sunrise.

We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact using the information in contact section of this Policy.

Mode and Place of Processing the Data

1. Methods of Processing. Sunrise takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or Information Technology (“IT”) enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Sunrise, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by Sunrise. The updated list of these parties may be requested from Sunrise at any time.

2. Legal Basis of Processing. Sunrise may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes. Note: Under some legislations, Sunrise may be allowed to process Personal Data until the User objects to such processing (“Opt-Out”), without having to rely on consent or any other of the following legal basis. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
• Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
• Processing is necessary for compliance with Sunrise’s legal obligations;
• Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Sunrise;
• Processing is necessary for the purposes of the legitimate interests pursued by Sunrise or by a third party.

In any case, Sunrise  will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

3. Place of Processing. The Data is processed at Sunrise’s operating offices and in any other places where the parties involved in the processing are located. Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users located in the European Union are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by Sunrise to safeguard their Data. If any such transfer takes place, Users can find out more by checking the relevant sections of this Policy or inquire with Sunrise using the information provided in the contact section. 

4. Retention Time. Personal Data shall be processed and stored for as long as required by the purpose they have been collected for; therefore:

• Personal Data collected for purposes related to the performance of a contract between Sunrise and the User shall be retained until such contract has been fully performed.
• Personal Data collected for the purposes of Sunrise’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by Sunrise within the relevant sections of this document or by contacting Sunrise.

Sunrise may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, Sunrise may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The Purposes of Processing

The Data concerning the User is collected to allow Sunrise to provide its service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: managing contacts and sending messages and displaying content from external platforms.

For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed Information on the Processing of Personal Data”.

Detailed Information on the Processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

2. Displaying Content from External Platforms. This type of service allows you to view content hosted on external platforms directly from the pages of this Site and interact with them. This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
3. Google Fonts (Google LLC). Google Fonts is a typeface visualization service provided by Google LLC that allows this Site to incorporate content of this kind on its pages.

• Personal Data processed: Usage Data; various types of data as specified in the privacy policy of the service.
• Place of processing: United States – Privacy Policy.
• Category of personal information collected according to CCPA: internet information.

This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of California consumers.

4. Managing Contacts and Sending Messages. This type of service makes it possible to manage a database of email contacts, phone contacts, or any other contact information to communicate with the User.  These services may also collect data concerning the date and time when the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
5. Constant Contact (Constant Contact, Inc.). Constant Contact is an email address management and message sending service provided by Constant Contact, Inc.

• Personal Data processed: email address; first name; last name.
• Place of processing: United States – Privacy Policy.
• Category of personal information collected according to CCPA: identifiers.

This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of California consumers.

5. Utilizing Sunrise Produce Checkout App. This type of service makes it possible to orders submitted to the User.  These services may collect data concerning the date and time when the order was submitted by the User, as well as when the User interacted with it, such as by clicking on links included in the message. 

The Rights of Users

Users may exercise certain rights regarding their Data processed by Sunrise.

1. User’s Rights. In particular, Users have the right to do the following:

• Withdraw Their Consent at Any Time.  Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
• Object to Processing of Their Data.  Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
• Access Their Data.  Users have the right to learn if Data is being processed by Sunrise, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the Data undergoing processing.
• Verify and Seek Rectification.Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
• Restrict the Processing of Their Data.  Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, Sunrise will not process their Data for any purpose other than storing it.
• Have Their Personal Data Deleted or Otherwise Removed.  Users have the right, under certain circumstances, to obtain the erasure of their Data from Sunrise.
• Receive Their Data and Have it Transferred to Another Controller.Users have the right to receive their Data in a structured, commonly used, and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
• Lodge a Complaint.Users have the right to bring a claim before their competent data protection authority.

2. Details About the Right to Object to Processing. Where Personal Data is processed for a public interest, in the exercise of an official authority vested in Sunrise or for the purposes of the legitimate interests pursued by Sunrise, Users may object to such processing by providing a basis related to their particular situation to justify the objection.  Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification.  To learn whether Sunrise is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this Policy.
3. How to exercise these rights. Any requests to exercise User rights can be directed to Sunrise through the contact details provided in this Policy. These requests can be exercised free of charge and will be addressed by Sunrise as early as possible and always within one month.

Additional Information About Data Collection and Processing

1. Legal Action. The User’s Personal Data may be used for legal purposes by Sunrise in court or in the stages leading to possible legal action arising from improper use of this Site or the related services.  The User declares to be aware that Sunrise may be required to reveal Personal Data upon request of public authorities.

2. Additional Information About User’s Personal Data. In addition to the information contained in this Policy, this Site may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request. 

3. System Logs and Maintenance. For operation and maintenance purposes, this Site and any third-party services may collect files that record interaction with this Site (system logs) and use other Personal Data (such as the IP Address) for this purpose.

4. Information Not Contained in This Policy. More details concerning the collection or processing of Personal Data may be requested from Sunrise at any time. Please see the contact information in  this Policy. 

5. How “Do Not Track” Requests are Handled. This Site does not support “Do Not Track” requests.  To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies. 

7. Changes to This Privacy Policy. Sunrise reserves the right to make changes to this Policy at any time by notifying its Users on this page and possibly within this Site and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to Sunrise. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.  Should the changes affect processing activities performed on the basis of the User’s consent, Sunrise shall collect new consent from the User, where required. 
8. Contact Information. To ask questions or comment about this Policy and our privacy practices, contact us at:

1215 Van Buren Street

Anaheim, CA 92807

hr@sunriseproduce.com

or via our toll-free number: 1.800.834.4926

Information for California Consumers

This part of the Policy integrates with and supplements the information contained in the rest of the Policy and is provided by the business running this Site and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users who are consumers residing in the state of California, United States of America, according to “The California Consumer Privacy Act of 2018” and the “The California Privacy Rights Act of 2020”.  , and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Policy.

This part of the Policy uses the term “Personal Information“ as it is defined in the California Consumer Privacy Act (“CCPA”) and Personal Information as used herein includes the term “Sensitive Personal Information” as it is defined in The California Privacy Rights Act (“CPRA”). 

2. Categories of Personal Information Collected, Disclosed or Sold. In this section we summarize the categories of Personal Information that we’ve collected, disclosed, or sold and the purposes thereof. You can read about these activities in detail in the section titled “Detailed Information on the Processing of Personal Data” within this Policy.
3. Information We Collect – The Categories of Personal Information We Collect. We have collected the following categories of Personal Information about you:

• identifiers and
• internet information.

We will not collect additional categories of Personal Information without notifying you.

3. How We Collect Information – What Are the Sources of the Personal Information We Collect? We collect the above mentioned categories of Personal Information, either directly or indirectly, from you when you use this Site.  For example, you directly provide your Personal Information when you submit requests via any forms on this Site. You also provide Personal Information indirectly when you navigate this Site, as Personal Information about you is automatically observed and collected.  Finally, we may collect your Personal Information from third parties that work with us in connection with the service or with the functioning of this Site and features thereof.

4. How We Use the Information We Collect – Sharing and Disclosing of Your Personal Information with Third Parties for a Business Purpose. We may disclose the Personal Information we collect about you to a third party for business purposes.  In this case, we enter a written agreement with such third party that requires the recipient to both keep the Personal Information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.  We may also disclose your Personal Information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our service.  To find out more about the purposes of processing, please refer to the relevant section of this document.

5. Sale of Your Personal Information. For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer’s personal information by the business to another business or a third party, for monetary or other valuable consideration”.  This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.

6. Your Right to Opt-Out of the Sale of Personal Information. You have the right to Opt-Out of the sale of your Personal Information.  This means that whenever you request us to stop selling your data, we will abide by your request.  Such requests can be made freely, at any time, without submitting any verifiable request, simply by following the instructions below. Regardless of whether you opt out of the sale of your Personal Information, we will not share or sell your mobile phone contact information to third parties for marketing purposes.

8. Instructions to Opt-Out of the Sale of Personal Information. If you’d like to know more, or exercise your right to Opt-Out in regard to all the sales carried out by this Site, both online and offline, you can contact us for further information using the contact details provided in this Policy.
9. What are the Purposes for Which We Use Your Personal Information? We may use your Personal Information to allow the operational functioning of this Site and features thereof (“Business Purposes”). In such cases, your Personal Information will be processed in a fashion necessary and proportionate to the Business Purpose for which it was collected, and strictly within the limits of compatible operational purposes.  We may also use your Personal Information for other reasons such as for commercial purposes (as indicated within the section “Detailed Information on the Processing of Personal Data” within this Policy), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened, or we suffer an actual damage.  We will not use your Personal Information for different, unrelated, or incompatible purposes without notifying you.

Your California Privacy Rights and How to Exercise Them

1. The Right to Know and To Portability. You have the right to request that we disclose to you:

• the categories and sources of the Personal Information that we collect about you,
• the purposes for which we use your Personal Information and
• with whom such Personal Information is shared.

In case of sale of Personal Information or disclosure for a Business Purpose, we maintain two separate lists where we disclose:

• For Sales: The Personal Information categories purchased by each category of recipient; and
• For Disclosures for a Business Purpose: The Personal Information categories obtained by each category of recipient.

The disclosure described above will be limited to the Personal Information collected or used over the past 12 months.  If we deliver our response electronically, the information enclosed will be “portable”, i.e., delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

3. The Right to Request the Deletion of Your Personal Information. You have the right to request that we delete any of your Personal Information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Site, to detect security incidents, and protect against fraudulent or illegal activities, to exercise certain rights etc.).  If no legal exception applies, as a result of exercising your right, we will delete your Personal Information and direct any of our service providers to do so.
4. How to Exercise Your Rights. To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this Policy.  For us to respond to your request, it’s necessary that we know who you are.  Therefore, you can only exercise the above rights by making a verifiable request which must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm the Personal Information in our possession actually relates to you.  If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.  If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority.  You can submit a maximum number of 2 requests over a period of 12 months.

4. How and When We Are Expected to Handle Your Request. We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.  We will respond to your request within 45 days of its receipt.  Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.  Our disclosure(s) will cover the preceding 12 month period.  Should we deny your request, we will explain to you the reasons behind our denial.  We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive.  In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

5. Definitions and legal references

Latest update: May 11, 2021