Privacy policy

Last Updated and Effective Date: 13 February 2020

PRIVACY POLICY

YOUR PRIVACY IS IMPORTANT TO US

This privacy policy (“Privacy Policy”) describes the policies and practices of Sun World International, LLC and its domestic and international subsidiaries (collectively referred to herein as “us,” “we,” or “our”), as they pertain to our information collection, use and disclosure practices online on our website and offline.  We collect information from users of our website (“Website Users”), from licensed nurseries, authorized producers, test producers, land owners, and distributors, including natural persons acting on behalf thereof (collectively, “Licensees”), when they enter into agreements with us, and through our Licensee portal (https://sunworldinnovations.com/login/).  We value the privacy and security of your “personal data,” which as used herein means any information relating to an identified or identifiable natural person.  As such, we take complying with data privacy and security laws very seriously.

The purpose of this Privacy Policy is to provide you with a description of our current personal data collection, use, and disclosure practices, which is also the same for the past 12 months.  If you provide us with your personal data, or we obtain personal data about you from other sources, we treat your personal data according to this Privacy Policy.

WHO WE ARE

Sun World International, LLC is a global fruit genetics and licensing company focused on creating better fruit varieties and sharing these varieties with our Licensees worldwide.  In addition to variety development and licensing, we also look to identify and nurture agricultural technologies.

HOW YOU ACCEPT THE TERMS OF THIS PRIVACY POLICY

You consent to and agree to be bound by this Privacy Policy by expressly accepting the terms when you enter into an agreement with us, by registering on our Licensee portal, or by using our website.

UPDATES TO THE PRIVACY POLICY

We recognize that data privacy is an ongoing responsibility, and from time-to-time we will update this Privacy Policy as we undertake new personal data practices or adopt new privacy practices.  Any changes to this Privacy Policy will be placed on our website and will supersede this version.  If we make changes to this Privacy Policy, we will revise the “Last Updated and Effective Date” on the Privacy Policy posted on our website and, in some cases, we may provide you further notice if we have your contact information.  We encourage you to review the Privacy Policy posted on our website whenever you access our website or enter into agreements with us to stay informed about our information practices and to ensure that our practices continue to meet your approval.

THE PERSONAL DATA WE COLLECT ABOUT YOU

We collect personal data that Licensees provide to us when they enter into agreements with Sun World International, LLC, which includes, names, identifications, emails, addresses, VAT numbers, bank standing orders, account details, telephone numbers, and geolocation data (collectively, “Licensee Data”).  We and our service provider may collect information from Website Users, such as their Internet Protocol (“IP”) and web usage. 

HOW WE USE YOUR PERSONAL DATA

We collect Licensee Data to complete transactions, to comply with the law, maintain or service accounts, process or fulfill orders and transactions, process payments, provide information through our newsletter, and project production, thresholds and profitability.  We collect information from our Website Users to better understand our audience and to improve our website to address our Website Users’ needs and preferences.

HOW WE SHARE YOUR PERSONAL DATA

We do not sell your personal data to third parties.  We do, however, internally use personal data at Sun World International, LLC and with any subsidiaries and affiliated companies for purpose of carrying out our business functions.  We may also share personal data related to Licensees among the Licensees so that all parties can perform under their agreements with us.  We further share personal data with service providers, such as law firms, banks and technical consultants, who assist us with legal and contractual obligations and to perform our business functions.

Moreover, we partner with Google Analytics to track and report website traffic and usage based on your web usage or your computer’s browsing activity over time and across websites.  You can read more about how Google Analytics uses your information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout

Lastly, we may share your personal data if necessary to:  (1) comply with foreign and domestic laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by foreign and domestic authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate foreign or domestic laws; or (4) exercise or defend legal claims.

HOW WE PROTECT YOUR PERSONAL DATA

We have implemented and maintain reasonable security procedures and practices, and commercially reasonable technical and organizational measures, to ensure a level of security appropriate to the risk in order to help protect your personal data from unauthorized access and exfiltration, theft, or disclosure.  However, no security system is perfect.  We will notify you if there is a breach of our security where required by law or deemed necessary.

RETENTION OF PERSONAL DATA

Your personal data will be retained for the time required to fulfil the purposes for which it was collected and processed, including for the purpose of satisfying legal, professional, contractual, regulatory, accounting or reporting obligations.

COOKIES

We use cookies on our website.  Cookies are small text files that a website or its service provider transfers to your computer or other devices.  They are widely used to make websites work or improve the efficiency of a website.  Cookies help with website functionality and user experience because websites can read and write to these text files, enabling our website to recognize you and remember important information that will make your use of our website more convenient.  Our service providers may also use cookies and other tracking devices to collect certain information about your visits to other websites.

Do Not Track Notice

Our website does not currently support certain browser settings or otherwise respond to Do Not Track requests.  You can find out more information about opting-out of interest-based advertising at:  http://www.networkadvertising.org/choices.

Links to Third Party Websites

    

Third party websites that may be linked on our website have their own privacy policies.  Be sure to review the privacy policy on the website you are visiting.

CHILDREN

Our website and services are not intended for or directed at children under the age of 13.  In addition, we do not knowingly collect information from children under the age of 13.  Only adults 18 years or older are permitted to conduct business with us and engage our services.

NOTICE TO EUROPEAN UNION RESIDENTS AND UNDER ITALIAN LAW

This notice is pursuant to Article 13 of the EU Regulation no. 2016/679 (hereinafter, “GDPR”), transposed into Italian law with the Legislative Decree no. 101 of 2018, and Article 13 of the Italian Legislative Decree 196/2003 (hereinafter “Italian Privacy Code”).  The personal data you are providing to us will be processed in accordance with the above mentioned legislation, which sets out the privacy obligations that Sun World International, LLC and Sun World Europe Srl are subject to.  To this aim, please be informed of the following:

Controller

In the United States, Sun World International, LLC is the controller, represented by its Chief Executive Officer, Mr. David O. Marguleas, having its registered business address in 73161 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 USA – General Telephone:  +1 (760) 456-7092, and Fax: +1 (760) 456-7092 

In the European Union, Sun World Europe Srl is the controller, represented by its Sole Administrator, Maurizio Ventura, having its registered business address in Via Kennedy 26 int. 5, 47035 Gambettola (FC), Italy – General Telephone:  +39-0547-54002, Fax:  +39-0547-655913. 

Processor and Representative for the European Union

Sun World International, LLC has appointed in writing its processor and representative in the European Union.  The processor appointed for the European Union is Sun World Europe Srl, having its registered business address in Via Kennedy 26 int. 5, 47035 Gambettola (FC), Italy.  The representative for the European Union is Maurizio Ventura, who has set his office in the premises of Sun World Europe Srl, in Gambettola (FC), Italy.

Purposes of the Processing

The Licensee Data is collected, recorded, sorted and saved to comply with our contractual obligations, to fulfill our legal obligations, for our legitimate business needs, pursuant to your consent, and for compliance with the appointment received.

Processing and Storage Means

Data will be processed manually and/or by automated means, in compliance with Article 32 of the GDPR and Annex B (Articles 33-36) of the Italian Privacy Code concerning security measures, only by duly designated persons as set forth in Article 29 of the GDPR.

In compliance with the principles of lawfulness, limitation of purposes and minimization of data set forth in Article 5 of the GDPR, your personal data will be stored for the period required to execute your agreement and to achieve the purposes for which they are collected, and for any other purposes set out by laws or regulations.

Consequences of Failure to Provide Personal Data

It is optional for Licensees to provide the Licensee Data.  However, if the Licensees refuse to provide such data, it will not be possible to sign and execute agreements with Sun World International, LLC, to fulfill orders and, more generally, to perform the agreements entered into by the parties.

International Transfers of Personal Data

Sun World International, LLC is headquartered in the United States, which has not received a finding of “adequacy” from the European Union under Article 45 of the GDPR.  The personal data that Sun World Europe Srl processes may be transferred to the United States to Sun World International, LLC because Sun World International, LLC has a legitimate interest in receiving this personal data to consummate and perform under its agreements with the Licensees. 

Sun World International, LLC may share the personal data, as described above.  We use appropriate safeguards for such transfers of personal data, and where required, we have implemented European Union Standard Contractual Clauses or other such safeguards for these purposes.  Sun World International, LLC will provide data subjects in the European Union access to the personal data that has been transmitted to the United States.  The data may be processed using electronic means, adopting all the necessary and reasonable measures to protect their security and confidentiality.  The personal data is stored at our company at the registered offices indicated above in accordance with our retention policy.

Rights of Data Subjects

European Union residents have the following rights under Articles 15 to 22 of GDPR and Article 7 of the Italian Privacy Code and, if certain grounds exist:

  1. The data subject has the right to obtain confirmation of the existence or not of his or her personal data, even if not yet recorded, and communication thereof in an intelligible form.
  1. The data subject has the right to obtain indication of:
    1. the source of the personal data;
    2. the purposes and methods of processing;
    3. the logic applied in the case of processing with electronic means; and
    4. the entities or categories of entities to which the personal data may be communicated or which may be informed thereof in their capacity as designated Representative in the Territory of the State, Processor(s) or person(s) in charge of processing.
  1. The data subject has the right to:
    1. access the personal data;
    2. update, rectify inaccurate personal data and if interested therein, integrate the data;
    3. obtain erasure, transformation into anonymous form or block personal data under certain grounds;
    4. certify that the operations and contents, as described under 1-2 above, have been notified to the entities to which the personal data has been communicated or disseminated, except where the provision of such information is impossible or involves a manifestly disproportionate effort compared to the right to be protected;
    5. portability of personal data, that is, the possibility to receive such data from a controller in a structured, commonly used and machine-readable format, and to transmit them to another controller without hindrance;
    6. obtain information regarding the sharing of his or her personal data with third parties for the third party’s direct marketing purposes;
    7. withdraw consent at any time, without prejudice to the lawfulness of processing based on consent before its withdrawal;
    8. receive notice of a personal data breach without undue delay if the personal data breach is likely to result in a high risk to your rights and freedoms; and
    9. lodge a complaint with the supervising authority.
  1. The data subject has the right to object, entirely or in part:
    1. to the processing of his or her personal data, including automatic processing and profiling, under certain grounds; and
    2. to the processing of his or her personal data for the purpose of sending advertising or direct mailing material or for market surveys or commercial communication.

For questions regarding these rights, please contact us as indicated in the “Contact Us” section on our website.

NOTICE TO CALIFORNIA RESIDENTS

Beginning January 1, 2020, California residents may exercise certain privacy rights under the California Consumer Privacy Act of 2018 (“CCPA”) regarding their “personal information,” which is defined under the CCPA to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.  We describe below your rights if you are a California resident.

Right To Know About Personal Information Collected, Disclosed, or Sold

We generally describe in this Privacy Policy our current and past 12-month practices related to the personal information we collect, how we collect and use the personal information, and how we share your personal information.  In addition to what is described above, as a California resident, you also have the right to request more information regarding the following topics for the preceding 12 months, to the extent applicable:

  1. The categories and specific pieces of personal information we have collected about you.
  2. The categories of sources from which we have collected your personal information.
  3. The business or commercial purpose why we collected or, if applicable, sold your personal information.
  4. The categories of third parties with whom we shared your personal information.
  5. The categories of personal information that we have shared with third parties about you for a business purpose.
  6. If applicable, the categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale.

You may submit a request for the information above by calling us at +1 (866) 544-9832, emailing us at privacy@sun-world.com, or visiting this page.  Once you contact us through one of these channels, we will need to confirm your identity to process your request.

Right To Request Deletion Of Your Personal Information

You have the right to request that we delete the personal information we collected or maintained about you.  Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records. 

There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal informatotion from their records.  Some of these instances include, but are not limited to, if we need to:  (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech or ensure the right of another consumer to exercise his or her right to free speech; (5) comply with the law; and (6) use your personal information for internal and lawful purposes.

You may submit a request to delete your personal information by calling us at +1 (866) 544-9832, emailing us at privacy@sun-world.com or visiting this page.  Once you contact us through one of these channels, we will need to confirm your identity to process your request.

Right to Opt-Out of the Sale of Personal Information

We do not and will not sell your personal information to third parties.  As such, there is no need to submit a request for us to not sell your personal information.  If you have any questions, feel free to contact us at +1 (866) 544-9832 and privacy@sun-world.com.

Right to Non-Discrimination for the Exercise of Your Privacy Rights

We will not discriminate against you for exercising any of your rights under the CCPA, as described above.  This includes, but is not limited to:  (A) denying good or services to you; (B) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Authorized Agent

You may use an authorized agent to submit requests on your behalf to exercise the rights above.  When contacting us through the methods above to exercise any of the CCPA rights, please indicate whether you are an authorized agent and we will provide you instructions on how we will verify and process your request.

CONTACT US

If you have any questions regarding this Privacy Policy, you may contact us using the information below.

Sun World International, LLC
Attention:  Doug Leighton
73161 Fred Waring Drive
Palm Desert, California, USA
privacy@sun-world.com

Tel: +1 (866) 544-9832
Fax: +1 (760) 456-7092

For the European Union:

Sun World Europe Srl
Attn: Maurizio Ventura
Via Kennedy 26, 47035 Gambettola (FC), Italy
mventura@sun-world.com

Tel: +39 0547 54002
Fax: +39 0547 655913

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