PRIVACY NOTICE – CALIFORNIA
This Notice explains how Portofino collects, uses, shares and stores your personal information and other data when you use the Services, and how you can exercise certain rights you have in connection with your privacy and personal information. Any personal information that Portofino collects will be treated as set forth below.
This Notice is effective as of: April 20, 2022.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
- Scope of this Notice
- Introduction and contact information
- Information we collect, use and share
- Your right to opt-out
- Your other rights and choices
- Children’s information
- Changes to this Notice
Scope of this Notice
This Notice covers only the Services identified above and is only applicable to consumers who reside in California. This Notice does not apply to visitors, users and others who provide information to us through our Services but do not reside in California, and this Notice does not apply to information which you may send us by other means. Other Portofino website, locations and certain products or services, whether online or offline, may have their own specific privacy policies or notices which apply instead of this Notice, and you should consult those accordingly.
The Site may contain links to external website and other online locations, including those embedded in third-party advertisements or sponsor information, that are not controlled by Portofino. Portofino is not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy policies or notices of those third-party services for details about how they handle your personal information.
Introduction and contact information
Personal information is generally defined as information that, by itself or in combination with other information, identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer, device or household (“Personal Information”). Personal Information can include, but is not limited to, your name, address, telephone number, email address, username and password, IP address or other online identifiers, browsing or search history, credit/debit card number or other financial information, professional or employment-related information, office address and other business information, demographic information, consumer preferences, biometric information such as fingerprints, precise location information, or any other type of information that, directly or indirectly, can be linked to or is reasonably capable of being associated with you.
If you believe there has been some violation of this Notice, if you believe that Personal Information you supplied to Portofino has been compromised or inappropriately accessed by a person outside of Portofino, or if you have any questions about this Notice, please contact us at firstname.lastname@example.org. You may also call us at 1-800-207-1466 or write to us at:
1875 Explorer Street, 10th Floor
Reston, Virginia 20190
If you do not agree to the collection and use of your Personal Information as described in this Notice, please do not provide us with any information and cease using the Services.
Information we collect, use and share
When using the Services, Portofino may collect, use and share the following categories of Personal Information from you in the following ways:
Categories of Personal Information we collect
We may collect this Personal Information when you…
We collect this Personal Information so that we may…
Types of third parties that may receive this Personal Information
Contact information and other data that could be used to identify or communicate with you, including your name, mailing or shipping address(es), email address, telephone number, and any inferences we might draw from such information
Demographic information such as your age, taste preferences, product preferences, shopping preferences, marketing preferences, and any inferences we might draw from such information
Location information including your physical address
First-party cookie identifiers set by Portofino, which may include information collected automatically while you visit our Site, including internet protocol (IP) addresses, information gathered through cookies/tracking pixels and any inferences we might draw from such information
Visit or use the Site, automatically.
In addition to the categories of Personal Information above, we may also collect your signature and certain medical information when you submit to Portofino consumer complaint forms, medical release forms, dental release forms, other release forms or any cashed claim checks. In order to administer and process these forms that you sign, we may collect information on medical symptoms you claim to be experiencing. Portofino may share such information with our insurers as necessary to process your claim.
Where we ask you for your Personal Information due to statutory or contractual requirements, we will indicate which information is required and which is voluntary. However, if you do not provide us with certain information voluntarily, we may not be able to provide you with the respective products or services, or respond to your requests, for which we need that information.
By providing to Portofino the Personal Information and other data referenced above, you agree that we may use such Personal Information and other data in accordance with the terms of this Notice. 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.
Your right to opt-out
When you visit and interact with the Site, certain third parties may get access to certain information about you, such as your IP address, for the purpose of providing you online advertising personalized to your interests, based on the website you visit before and after you visit our Site. This section includes further information about these third parties, and how to opt-out of the processing of your information for interest-based advertising.
If you do not opt-out, what information is automatically collected through the Site, and why?
Portofino may use third-party cookies which track IP addresses through the Site.
Cookies are small text files stored on a user’s hard drive which contain certain data about the user. IP addresses are the unique code assigned to your computer as connected to the Internet. We use third-party “cookie” technology to track IP addresses only to obtain data about how visitors use our Site to provide them with the best possible personalized online experience. To do this we and the third parties described on this page may use third-party cookies and other tracking technologies to keep track of the type of browser (e.g., Internet Explorer, Chrome) and operating system (e.g., Windows, Macintosh) used by the visitor to the Site, and the domain name of the visitor’s Internet service provider. We also may use third-party cookies to track the total number of visitors to our Site in an aggregate form to allow us to update and improve our Site. We also use third-party cookies to help us figure out which of our web pages visitors stop at and how long they stay there. This helps us keep our Site fresh and interesting to the majority of our visitors. We use these third-party cookies and other tracking technologies to help us deliver content tailored to a visitor’s interests. You may disable cookies generally or set your browser to alert you when cookies are being sent. However, if you disable cookies, it may affect how the Site appear and/or operate for you.
How do we use third-party cookies and other third party tracking technologies?
To opt-out of being tracked by Google Analytics, you may be able to download and install the Google Analytics Opt-out Browser Add-on.
AMAZON CONVERSION AND AMAZON REMARKETING PIXEL
The Site use the Amazon Conversion Pixel and Amazon Remarketing Pixel services operated by Amazon. For this purpose, Amazon has placed and uses Conversion and Remarketing Pixels on the Site which collect the IP address of the devices used to access the Site, the type of browser being used and the type of device.
Amazon collects data directly from the Site through the use of these pixels, and Amazon states that it only uses the full IP address for robot and fraud detection and otherwise truncates the last octet of the IP address. Amazon uses the pixels placed on your device to recognize your device, learn about what ads you see, what ads you click and other actions you take on the Site and other website. Amazon stores this information on its servers for nine months from the last action recorded for a specific user/device, so that it can provide more useful and relevant ads to you, measure the success of advertising campaigns and analyze the effectiveness of ads for statistical and market research purposes.
Except for the IP address, Amazon states that it does not provide any Personal Information to advertisers or third party website. However, advertisers and other third parties may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards. Also, some third parties may provide Amazon with information about you from offline or online sources which Amazon may link to your user profile. For more information on how Amazon (and its affiliates) uses pixels and interest based ads. Portofino, on the other hand, does not collect any data through those pixels and does not receive any Personal Information from Amazon.
Your refusal or withdrawal of consent to the use of Amazon pixels has no adverse consequences for your use of the Site. If you provided consent to the use of those pixels when accessing the Site, you can withdraw your consent at any time, without affecting the lawfulness of processing before the withdrawal, by visiting Amazons’s advertising preferences page. For more information about how Amazon handles your Personal Information and other data generally.
You can prevent recording of the data generated by the Amazon pixels by clicking on the following link and checking the setting for “Do not personalize advertising displayed by Amazon for this Internet browser”: Amazons’s advertising preferences page. By doing so, opt-out cookies would be set in your browser which prevents the future recording of your data by Amazon when visiting the Site.
FACEBOOK MARKETING PIXEL
The Sites also may use a pixel tag provided by Facebook, which could automatically collect certain data about how you use various aspects of the Sites in a manner similar to cookies. As a result, you may receive ads that are personalized from what you appear to be interested in based on your online behavior, both on the Sites and elsewhere. Visitors may be able to opt-out of certain targeted advertising that Facebook provides by following the instructions in Facebook’s Ad Settings. To learn more about how Facebook handles Personal Information and other data it may collect from you, please see Facebook’s Data Policy.
To learn more about how Facebook handles information it collects from California residents, including Personal Information, please review Facebook’s California Privacy Notice.
All of the above-referenced cookies, IP addresses and marketing information will be collected and managed by our outside marketing vendors in order to provide you with targeted ads based on what you appear to be interested in as a result of your activity online, both on our Site and elsewhere. If you opt-out, you will still see ads but they will not be personalized based on your online activity. Please note that if you disable your cookies or upgrade your browser after opting out, you will need to opt-out again. Further, if you use multiple browsers or devices you will need to execute this opt-out on each browser or device.
You can also generally opt-out of receiving targeted ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) by visiting the Network Advertising Initiative (NAI) opt out page. You may opt-out of receiving targeted advertisements from other companies that perform interest-based advertising services, including some that we may work with, via the Digital Advertising Alliance (DAA) site at Digital Advertising Alliance (DAA) opt out page. Please note that when using the ad industry opt-out tools described above, you may need to execute opt-outs for each browser or device that you use, and that other companies’ opt-outs may function differently than our opt-out.
Except as described above, your Personal Information is not transferred to any person or entity. Where we transfer your Personal Information to third parties (as described above), we always ensure that all required contractual arrangements will be agreed between us and the third parties. This may include contractually requiring them to only act on our instructions, to implement appropriate measures for the protection of your Personal Information and not to use it for their own purposes.
Your other rights and choices
The CCPA provides California consumers with specific rights regarding their Personal Information. More specifically, you have the following rights regarding Portofino’s collection, use and sharing of your Personal Information:
- The right to request that we disclose what Personal Information we collect, use, disclose or sell about you;
- The right to request the deletion of Personal Information we have collected or maintain about you;
- The right to opt-out of the sale of your Personal Information, as described above; and
- The right not to receive discriminatory treatment by Portofino, in terms of the services and prices offered on or through our Services, because you exercised these rights regarding the collection, use and sharing of your Personal Information.
If you would like to access, review, edit, delete or have us properly dispose of any copies of the Personal Information that Portofino collected about you (subject to any applicable legal exceptions), if you would like to opt-out of receiving further information or limit what we share, or if you would like to exercise the above rights in any other way, please contact us at email@example.com, call us at 1-800-207-1466 or complete the opt out form.
You may be able to opt-out of Portofino sharing your Personal Information with the entities identified in this Notice by contacting us using the email address or phone number, above. You may also opt-out of sharing for targeted advertising by using the industry-provided opt-out tools described in the “Your right to opt-out” section of this Notice, or through the “Do Not Sell My Personal Information” link at the bottom of our webpages. You may also submit an opt-out request by using a drop-down menu at the “Contact Us” page on the Site. We will honor any verifiable request to opt-out unless the sharing of your Personal Information is necessary to perform one of the following business purposes: to count ad impressions and evaluate their effectiveness; to detect, protect against, and prosecute security incidents; to debug or troubleshoot functional errors that may arise with the Services; to complete short-term tasks related to an existing interaction you have with Portofino; to maintain or service your account; to process payments and fulfill orders or other transactions you authorize; to verify your customer information; and to ensure the safety and quality of the Services.
Portofino will do its best to accommodate any request to delete or properly dispose of any copies of your Personal Information, but we cannot guarantee we can eliminate all Personal Information from the specified uses. Therefore, please be as specific as possible in any request to delete or dispose of copies of your Personal Information. We may deny your deletion request if retaining the information is necessary for us or our service providers 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 to perform a contract we entered into 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);
- 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; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If you choose to request that we delete certain portions of your Personal Information, it may affect your ability to use certain parts of the Services. If the request relates to information that Portofino needs to make the Services function properly for you, you may no longer be able to use the Services.
You have the right to request from us a list of affiliates and third parties with whom we shared Personal Information about you for their own direct marketing purposes during the previous calendar year. If you have any questions on what we share for direct marketing purposes, please contact us at firstname.lastname@example.org.
You may grant an authorized agent written permission to submit requests regarding your Personal Information. Portofino may request proof of your written permission before responding to any requests made by a supposedly authorized agent. Portofino may deny authorized agent requests if we are unable to verify your identity, or if you cannot provide proof that you authorized the agent to act on your behalf.
Portofino is required to verify the identity of any person or entity that requests the disclosure or deletion of Personal Information. If you have a password-protected account with us, we will use our existing authentication procedures to verify your identity. For most other requests from consumers that do not have a password-protected account with us, Portofino will ask you to provide information that matches at least two pieces of Personal Information we store about you before responding to your request. If you would like to request specific pieces of your Personal Information we have collected, or if you would like us to delete highly sensitive information, you will need to provide information that matches at least three pieces of information we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer whose Personal Information you are requesting.
When attempting to verify your identity, we will avoid asking you for more sensitive information such as your full name. Instead, we may ask you to provide other types of information to match what we have in our records. For example, we may ask for part of your name or portions of the address for your home, office or business, among other types of information. 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. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Some browsers have a ”do not track” feature that lets you tell website that you do not want to have your online activities tracked. To learn more about other ways to opt-out of certain kinds of targeted advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. To opt out of being tracked by Google Analytics, you may be able to download and install the Google Analytics Opt-out Browser Add-on. Options you select are browser- and device-specific.
The Services are intended for individuals 18 years of age and older who are located in the United States. The Services are not directed at, marketed to, nor intended for, use by children under 16 years of age. Portofino does not knowingly collect or sell the Personal Information of minors under 16 years of age. If Portofino learns that any information was provided through the Services by a person younger than 16 years of age, Portofino will delete or destroy the information immediately.
Changes to this Notice
Portofino reserves the right to make changes to this Notice at any time. Since this Notice may change over time as we modify or expand our Services, we suggest that you check back from time to time in order to understand how we treat your information. Our Notice’s effective date will always be set forth at the beginning and end of the Notice. Any changes will be immediately incorporated into this Notice, and will be prospective only. We will not make any changes that have retroactive effect unless legally required to do so.
Any change to this Notice is effective immediately. Your continued use of the Services after any changes are made to this Notice constitutes your acceptance of the changes. If any changes are unacceptable to you, you should cease all use of the Services.
This Notice was last updated on April 20, 2022.