Supplemental Privacy Policy and Notice at Collection for California, Virginia and Nevada Residents

Last updated on: September 9, 2024

This Supplemental U.S. State-Specific Privacy Policy and Notice at Collection (hereinafter referred to as the “State-Specific Privacy Notice”) supplements the information in our Privacy Policy, available at https://usa.h-f.group/state-specific-privacy-notice (the “Privacy Policy”), and contains disclosures that the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”) and such other data protections laws in California (collectively, the “California Law”), the Virginia Consumer Data Protection Act of 2021 (“Virginia Law”) and/or Chapter 603A of the Nevada Revised Statutes (“Nevada Law”) may require from us, Herbstreith & Fox, Inc. (“H&F”, “We” or “Us”) with respect to Personal Information collected from residents of the State of California, the Commonwealth of Virginia, and the State of Nevada.

For general information on our privacy practices, please refer to the Privacy Policy. Unless otherwise specified, Section 1 of this State-Specific Privacy Notice applies to California residents only, Section 2 of this State-Specific Privacy Notice applies to Virginia residents only and Section 3 of this State-Specific Privacy Notice applies to Nevada residents only. This State-Specific Privacy Notice is incorporated in the Privacy Policy hereby by reference. Capitalized terms not defined in this State-Specific Privacy Notice shall have the meaning assigned to them in the Privacy Policy.

1. California

1.1. Collected Personal Information

Below is a chart containing categories of Personal Information under the California Law that we have collected within the last twelve (12) months and may continue to collect. Opposite each category of Personal Information, you will also see (i) the purpose of the collection of such Personal Information, (ii) the category of third parties to whom we disclosed/may disclose such Personal Information for a business purpose, and (iii) the length of the retention period.

CategoryExamplesUse/Purpose of CollectionCategory of Third PartyRetention Period
IdentifiersName, email addressAll the purposes mentioned in the Section “For which purposes do we collect your Personal Information?” of the Privacy Policy (https://usa.h-f.group/privacy-policy/)Please see Section “To whom do we disclose your Personal Information” under Section 1 of the Privacy PolicyPlease see Section “How long does H&F store/retain your Personal Information?” of the Privacy Policy (https://usa.h-f.group/privacy-policy/)
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))NameAll the purposes mentioned in the Section “For which purposes do we collect your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy/)Please see Section “To whom do we disclose your Personal Information” under Section 1 of the Privacy PolicyPlease see Section “How long does H&F store/retain your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy/)

Note, however, that the companies in the H&F group may disclose Personal Information to each other and process such disclosed Personal Information for all the purposes mentioned in Section “For which purposes do we collect your Personal Information” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy/).

Please refer to the Section “How do we collect your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy/) for information on the sources from which we collect your Personal information.

California Law deems IP addresses as Personal Information. Note, however, that, as mentioned under (ii) of the Section “How do we Collect your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy/), the IP addresses we collect are anonymized and de-identified.

1.2. Collected sensitive Personal Information

We have not collected any Sensitive Personal Information as defined in the California Law (“Sensitive Personal Information”) in the preceding twelve (12) months and we do not intend to collect such information on and after the date of this State-Specific Privacy Notice.

1.3. Sale and Sharing of Personal Information

We do not “sell” or “share” Personal Information (nor Sensitive Personal Information) as such activities are defined in the California Law.

However, please note that we are using analytical cookies, which only collect de-identified data with your consent. For more information, please see Section 3 of the Privacy Policy (https://usa.h-f.group/privacy-policy/).

1.4. Your rights and Choices

California Law provides the below specific rights to California residents regarding their Personal Information. This Section 1.4 describes your rights under California Law and explains how to exercise these rights.

1.4.1. Right to Know and Right to Access

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information. Once we receive your request and confirm your identity (see Section 1.5 of this State-Specific Privacy Notice), we will disclose to you:

  • The categories of Personal Information we collected about you;
  • The categories of sources from which we collected Personal Information about you;
  • Our business or commercial purpose for collecting, disclosing, “selling” or “sharing” of such Personal Information;
  • The categories of Personal Information we disclosed about you for a business purpose and the categories of third parties to whom such Personal Information was disclosed for a business purpose; and
  • The categories of Personal Information that we “sold” or “shared” about you and the categories of third parties to whom your Personal Information was “sold” or “shared”, by category or categories of Personal Information for each category of third parties to whom the Personal Information was “sold” or “shared”; and/or
  • The specific pieces of Personal Information we collected about you.

1.4.2. Right to Delete

You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity (see Section 1.5 of this State-Specific Privacy Notice), we will review your request to see if an exception allowing us to retain the Personal Information applies.

We may deny your deletion request if retaining the Personal Information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 of Title 12 of Part 2 of the Penal Code (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research that adheres to all other applicable ethics and privacy laws, when our deletion of the Personal Information is likely to render impossible or seriously impair the ability to complete such research, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information; and/or
  • Comply with a legal obligation.

We will then delete or de-identify Personal Information not subject to one of these exceptions from our records and will direct our service providers, contractors and third parties to whom we have sold or shared your Personal Information to take similar action, unless this proves impossible or involves disproportionate effort. However, we may maintain a confidential record of your deletion request solely for the purpose of preventing your Personal Information from being sold, for compliance with laws for other purposes permissible under California Law.

1.4.3. Right to Correct

You have the right to request that we correct your Personal Information if you think they are inaccurate, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information. Once we receive your request and confirm your identity (see Section 1.5 of this State-Specific Privacy Notice), we will use commercially reasonable efforts to correct your inaccurate Personal Information and will direct our service providers to do the same.

1.4.4. Right to Opt-Out of Sale or Sharing

California Law provides its residents with a right to out-out of sale of sharing of Personal Information. However, we do not currently sell or share Personal Information triggering California Law’s opt-out requirements.

1.4.5. Right to limit Use and Disclosure of sensitive Personal Information

California Law provides its residents with a right to limit the use and disclosure of Sensitive Personal Information. However, we do not currently collect, use or disclose Sensitive Personal Information triggering California Law’s opt-out requirements.

1.4.6. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to usa@herbstreith-fox.com or write to us at: Herbstreith & Fox, Inc., 570 Taxter Road, Elmsford, NY 10523. Our policy is not to disclose any Personal Information to a third party for their direct marketing purposes without your approval.

1.5. Exercising your Rights under California Law

You may exercise your rights mentioned above as follows:

  • To exercise your rights to know, access, delete or correct described above, please submit a request by either:
  • To exercise your rights pursuant to California’s “Shine the Light” law, please submit a request by either
    • Emailing us at usa@herbstreith-fox.com; or
    • Writing us at Herbstreith & Fox, Inc., 570 Taxter Road, Elmsford, NY 10523.

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child. In such case, you must provide sufficient information to allow us to reasonably verify your child is the person about whom we may have inadvertently collected Personal Information and you are authorized to submit the request on your child’s behalf (i.e., you are the child’s legal guardian or authorized representative).

You may only submit a request to know twice within a 12-month period and a request pursuant to California’s “Shine the Light” law once during the course of a calendar year.

Your request related to Personal Information must:

  • Provide sufficient information or documentation that allows us to reasonably verify whether you are the person about whom we collected Personal Information or an authorized representative. Such information or documentation may include:
    • Certain Personal Information about you that we have on file (e.g., postal address) or information related to the purchases you made on the Website; or
    • Certain information or certification showing your authority or relationship to the person on whose behalf you are submitting the request.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request related to Personal Information 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 or the person on whose behalf you are submitting the request.

We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.

1.6. Response Timing and Format

Please review Section 4 of our Privacy Policy (https://usa.h-f.group/privacy-policy) for the applicable response time. For requests under California’s Shine the Light Law, we will respond within thirty (30) days of receipt of your request.

1.7. Appealing Privacy Rights Decisions

You may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted via email to usa@herbstreith-fox.com. If we deny your appeal and you would like to file a claim with the Attorney General, please follow this link: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

2. Virginia

We note that Virginia Law uses the term “personal data”. Any references to “Personal Information” below shall have the meaning assigned to the term “personal data” under Virginia Law.

2.1. Disclosures under Virginia Law

  • Please refer to the Section “Which Personal Information do we collect from you?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy) for information on categories of Personal Information we have collected in the preceding twelve (12) months and may continue to collect. For more specific categories, please refer to Section 1.1 of this State-Specific Privacy Notice.
  • Please refer to the Section “For which purposes do we collect your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy) for information on the purposes for our collection and processing of Personal Information.
  • Please refer to the Section “To whom do we disclose your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy) for information on the third parties we disclose your Personal Information with and for which purposes.

2.2. Your Virginia Rights regarding your Personal Information

Virginia Law provides Virginia residents with the rights listed below. To exercise these rights, see Section 2.3 of this State-Specific Privacy Notice.

2.2.1. Right to Know

You have the right to know whether we have collected Personal Information about you.

You also have the right to know what Personal Information we have collected about you and to obtain a copy of such Personal Information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Information to another controller without hindrance, where the processing is carried out by automated means.

2.2.2. Right to Correct

You have the right to request that we correct inaccurate Personal Information about you.

2.2.3. Right to Delete

You have the right to request that we delete the Personal Information we have collected about you.

2.2.4. Right to Opt-Out from the Sale of Personal Information, targeted Advertising and/or Profiling

You have a limited right to opt-out from the sale of personal information, targeted advertising and/or profiling. However, we do not currently sell Personal Information, conduct targeted advertising and/or profiling triggering Virginia Law’s opt-out requirements.

2.3. Exercising your Rights under Virginia Law

To request access to or deletion of your Personal Information, or to exercise any other privacy rights under Virginia Law, please contact us using one of the following methods:

To appeal our decision regarding a request related to these rights, you may email us at usa@herbstreith-fox.com.

2.4. Response Timing and Format

Please review Section 3 of our Privacy Policy, see https://usa.h-f.group/privacy-policy for our response time.

2.5. Appealing Privacy Rights Decisions

You may appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted via email to usa@herbstreith-fox.com. We will respond to the appeal within sixty (60) days of receipt of your appeal.

3. Nevada

  • Please refer to the “Which Personal Information do we collect from you?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy) and Section 1.1 of this State-Specific Privacy Notice for the categories of Personal Information that we collect and Section “To whom do we disclose your Personal Information?” under Section 1 of the Privacy Policy (https://usa.h-f.group/privacy-policy) for the categories of third parties with whom we may share such Personal Information.
  • If you wish to review or request changes to any of your Personal Information we collect, please contact us via any of the methods mentioned in Section 5 of this State-Specific Privacy Notice.
  • We do not conduct targeted advertising, cross-context behavioral advertising and profiling.
  • Nevada Law provides its residents with a limited right to opt-out of certain personal information sales. However, we do not currently sell Personal Information triggering Nevada Law’s opt-out requirements.

You may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted via email to usa@herbstreith-fox.com.

4. Changes to our Privacy Policy

We reserve the right to amend this State-Specific Privacy Notice at our discretion and at any time. When we make changes to this State-Specific Privacy Notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

6. Contact Information

If you need to access this State-Specific Privacy Notice in an alternative format due to a disability, if you have any questions or comments about this notice, the ways in which H&F collects and uses your information described here and in the Privacy Policy (https://usa.h-f.group/privacy-policy), or your choices and rights regarding such use, or if wish to exercise your rights under the state laws set forth in this State-Specific Privacy Notice, please contact us at:

Email:                                  usa@herbstreith-fox.com;

Online contact form:     https://usa.h-f.group/contact;

Phone:                                 914-345-9501 (toll-free); or

Postal Address:                Herbstreith & Fox, Inc., 570 Taxter Road, Elmsford, NY 10523.