This California Consumer Privacy Act Notice at Collection (“Notice”) is provided by Cygnus Home Service, LLC doing business as Yelloh™ (and previously doing business as Schwan’s Home Delivery) referred to in this Notice as “we” “our” or “us.”
We provide the following definitions to assist your understanding of the contents of this Notice. Under the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act:
“Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household.
“Sensitive Personal Information” is Personal Information that reveals a consumer’s social security, driver’s license state identification card, or passport number; a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; a consumer’s precise geolocation; a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’ mail, email, and text messages unless the business is the intended recipient of the communication; and a consumer’s genetic data.
“Sell” or “sold” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to a third party for monetary or other valuable consideration.
“Service Provider” - “Service provider” means a person that processes Personal Information on behalf of a business and that receives from or on behalf of the business consumer’s Personal Information for a business purpose pursuant to a written contract, provided that the contract prohibits the person from:
(A) Selling or sharing the Personal Information.
(B) Retaining, using, or disclosing the Personal Information for any purpose other than for the business purposes specified in the contract for the business, including retaining, using, or disclosing the Personal Information for a commercial purpose other than the business purposes specified in the contract with the business, or as otherwise permitted by this title.
(C) Retaining, using, or disclosing the information outside of the direct business relationship between the service provider and the business.
(D) Combining the Personal Information that the service provider receives from, or on behalf of, the business with Personal Information that it receives from, or on behalf of, another person or persons, or collects from its own interaction with the consumer, provided that the service provider may combine Personal Information to perform any business purpose as defined in regulations adopted pursuant to paragraph (10) of subdivision (a) of Section 1798.185, except as provided for in paragraph (6) of subdivision (e) of this section and in regulations adopted by the California Privacy Protection Agency. The contract may, subject to agreement with the service provider, permit the business to monitor the service provider’s compliance with the contract through measures, including, but not limited to, ongoing manual reviews and automated scans and regular assessments, audits, or other technical and operational testing at least once every 12 months.
“Share” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
This Notice explains:
- Categories of Personal Information that we collect about residents of California;
- The purposes for which we use that Personal Information;
- Whether we ‘Sell’ or ‘Share’ Personal Information about residents of California;
- Categories of ‘Sensitive Personal Information’ we collect about residents of California;
- The purposes for which ‘Sensitive Personal Information’ is collect or used; and
- Whether we ‘Sell’ or ‘Share’ ‘Sensitive Personal Information’ about residents of California.
Categories of Personal Information that We Collect
We collect Personal Information in a variety of contexts. For example, we collect Personal Information to: (i) sell and deliver to you our frozen food products and service your account; and (ii) for our employment and human resource purposes.
The Personal Information that we collect about a specific California resident will depend on, for example, our relationship or interaction with that individual. We collect the following categories of Personal Information (category names in “quotes” are descriptions from California Civil Code 1798.140(v)(1)(A)-(K)) and (ae)(1) to (3).
Identity or “Identifiers” — includes first name, middle initial or name, last name, family composition, household income, household education, move date, presence of children, gender, age, your nickname for social media, and signature.
Contact or “Identifiers” — includes personal mailing postal address, email address, telephone number, social media handle. We do calculate your geolocation for your delivery address for our vehicle routing purposes to provide your requested home delivery Services of our products; however, we do not collect your precise geolocation in any way or manner in your personal movements or otherwise.
Social Media or “Internet” - Information that we collect from you includes information you communicate to or about us on social media including, your name, address and email, if different than in our customer files, your gender, age, whether you are our employee, your direct private messages to our social media accounts, and your social media account nicknames.
User-Generated or “Internet” Content includes information and content that you create and then share with or about us on third party social networks or by uploading it to one of our sites or apps, including through the use of third-party social media apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content.
Financial or “Commercial” Information includes bank account information and payment card details you provide for payment for our Services, though we do not store or process your full payment card details as we direct your payments for Services you request, through a third party service provider.
Transaction or “Commercial” Information includes details about services you have obtained from us including any issues you have expressed to us regarding our services; a specific order details, average order volume, whether you are an auto re-order customer, order frequency, date of last web order, date of last phone order, time you have been a customer, product clusters you like, and total discount you have received.
Profile or “Identifiers” Information includes your username and password, member or AARP number, purchases or orders made by you, your interests, preferences including gluten free, GMO free, or organic products, your service buying behavior, your services delivery preferences, services feedback and survey responses and your ratings of us or our services.
Usage or “Internet” Information includes information about how you use our sites and services, including usage statistics about your interaction with our sites such as webpages accessed, referring website address(es), time spent on webpages, webpages visited, search queries, click data on the site, date and time, and other information regarding your use of our sites.
Technical or “Internet” Information includes internet protocol (IP) address, your internet service provider, your login data, browser type and version, device type, time zone setting and geo-location information, browser plug-in types and versions, operating system, activity log files and platform and other technology and systems on the devices you use to access a site.
Marketing and Communications or “Internet” Information includes your preferences in receiving marketing contacts and offers from us and our third parties, your opt in and opt out choices for email, text and push notification preferences, total number of emails we send you, your interaction with email we send you such as if and when you open it, when you delete it, links you engage with in the email and when you delete the emails, your interaction with push notifications we send you through our application that you download onto your mobile device (phone, tablet or other), when you open the push notifications, links you engage with in the email, your interaction with SMS or text messages we send to you, your mobile carrier, your interaction with our sites, what services you click on, what services you add to your cart, audio and chat text files created through voice mail, phone calls or chat interactions with, to or from our customer services team, the dates of any communications between us, and your communication preferences.
Employment Related (includes “Identifiers”, “Commercial”, “Internet”, “Geolocation” and Sensitive Personal Information) — relates to an applicant, a current employee, a former employee or an independent contractor we engage, and includes information you provide to us when you apply for a job including on our employment application, your resume, your education information, a cover letter or via email or other communications. Employment Related Information includes, but may not be limited to: Professional or employment-related information, such as work history and prior employer including Sensitive Personal Information including your social security number, your driver’s license number, and financial account information to pay our employees, your ethnicity or race, when and if you provide it to us during the application process as required by law. However, we do NOT use Sensitive Personal Information collected from you or third parties to make any inferences about you. We collect and process additional Employment Related Information if we offer you a position, you accept, and we onboard you into our employment related systems such as for administrating employment benefits, such as health insurance and retirement savings programs, COBRA benefits or worker’s compensation claims. We will collect additional Employment Related Information as you perform work for us, that is dependent on your assigned job duties and work related activities you perform. We may also obtain information related to independent contractors who we engage, for management of the relationship and to provide independent contractors to relevant business systems.
Purposes for Collection of your Personal Information and How We Use It
The business and commercial purposes for which we collect and use Personal Information depend on, among other things, our relationship or interaction with a specific California resident. We may use information about you for a number of purposes, including:
Providing, Improving And Developing Our Services
- Reviewing and analyzing Usage Information and Technical Information to improve our sites;
- Reviewing and analyzing Usage Information across site(s) (for example, we analyze trends and user traffic to determine the performance of content on the site, research reports or events);
- Using Transaction Information and Financial Information to process and record payment transactions or money transfers;
- Using Identity Information, Contact Information Transaction Information, Usage Information and Profile Information to provide you with our services and features you choose to use;
- Using Transaction Information to display your historical transaction or service appointment information;
- Using Contact Information, Profile Information, Usage Information, User Generated Content, Demographic Information, Social Media Information, Identity Information to provide, maintain and improve our services;
- Using Transaction Information, Social Media Information, User Generated Content, Identity Information, Demographic Information to develop and promote new services;
- Using Identity Information, Usage Information, Contact Information, Transaction Information, and Profile Information to deliver the services, information and support your service request, including digital receipts, invoices and scheduling information;
- Using User Generated Content, to improve, personalize and facilitate your use of our services; and
- Using Usage Information, Profile Information, to measure, track and analyze trends and usage in connection with your use of, or the performance of our services and sites.
Communicating With You About Our Services
- Using Contact Information, Identity Information and Profile Information to respond to your questions or concerns, or mailing promotional or other materials to you;
- Using Contact Information, Identity Information, Profile Information, Usage Information, Social Media Information and Transaction Information to Send you information we think you may find useful or which you have requested from us about our services and the industry we serve;
- Using Contact Information, Identity Information, Social Media Information, Marketing and Communication Information and Usage Information to send push notifications, text messages or emails to your desktop or Wireless Device to provide updates on relevant services, which can be managed through your computer, our application or your Wireless Device browser;
- Using Contact Information, Profile Information, Transaction Information, Usage Information and Social Media Information to manage your account preferences, establish your profile and account registration information;
- Using Contact Information, Profile Information, Transaction Information, Usage Information and Social Media Information to communicate with you via our Customer Care services via phone or chat; and
- Using Profile Information, Usage Information, Social Media Information, Transaction Information to conduct surveys and collect feedback about our services and responding to indications of dissatisfaction with our services.
Protecting Our Services And Maintaining A Trusted Environment
- Using Profile Information, Usage Information, Technical Information, Transaction Information and Financial Information to enforce our Terms and Conditions or other applicable agreements or policies;
- Using Identity Information, Contact Information, Usage Information and Profile Information to verify your identity;
- Using Usage Information, Transaction Information, Financial Information to comply with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
- Fulfilling any other purpose disclosed to you in connection with our services;
- Using Usage Information, Technical Information, and Transaction Information to analyze trends and user traffic, tracking purchases and your usage of the Site; and
- Using Identity Information, Contact Information and Marketing and Communication Information to Contact you to resolve disputes and help with our services.
Advertising And Marketing
- Using Identity Information, Contact Information, Transaction Information, Demographic Information, Technical Information, Marketing and Communication Information to market our services; and
- Using Identity Information, Contact Information, Transaction Information, Social Media Information, Demographic Information, Marketing and Communication Information to communicate with you about opportunities, products, services, to administer our customer loyalty program, promotions, discounts, incentives and rewards offered by us and select partners.
- If we send you marketing emails, push notifications or text/SMS messages, we will permit you to unsubscribe from receiving future marketing or other communications.
- If we obtain any Personal Information from you, we will not sell it to third parties, nor will we allow third parties with whom we share your Personal Information to sell it.
- Using Employment Related Information for business purposes to process an application for employment, to offer you a position with us, to onboard you as an employee, facilitating enrollment and utilization of employee benefits, to provide you access to our information systems to perform your job duties, to pay you wages, to manage your performance to manage and operate our facilities and infrastructure and to engage independent contractors as needed to operate our business.
- For any other purpose disclosed to you in connection with our services from time to time.
No Sale or Sharing of Personal Information
If we obtain any Personal Information from you, we will not sell or share it to third parties, nor will we allow service providers with whom we share your Personal Information to sell or share it.
Categories of Sensitive Personal Information that We Collect
We collect Sensitive Personal Information in very specific contexts. We do not collect Sensitive Personal Information to provide our services to customers and consumers. We do collect Sensitive Personal Information for our employment and human resource purposes.
Purposes for collection of Sensitive Personal Information - Employment Related Information
Sensitive Personal Information including your social security number, your driver’s license number, and financial account information to pay our employees. We use Sensitive Personal Information to onboard new employees, facilitate required background checks, validate and monitor route sales representatives for required drivers’ license issuance including commercial driver’s license (CDL) requirements, facilitate employees' and dependents' enrollment in available benefits, including health plans and to issue electronic payments of wages and payment of local, state and federal taxes.
No Sale or Sharing of Sensitive Personal Information
If we obtain any Sensitive Personal Information from you, we will not sell or share it to third parties, nor will we allow service providers with whom we share your Sensitive Personal Information to sell or share it.
How Long We Retain Your Information
We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law and in accordance with our document retention policy. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means and the applicable legal requirements. We may retain copies of information about you and any transactions or Services you have used for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law.
In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. This allows the specific information collected (name, email, address, phone number, etc.) to become anonymous, but allows Cygnus to keep the transaction or engagement data. For example, Cygnus will not be able to tell if John Smith purchased a particular product, but we will be able to tell that a person purchased a product and the related transactional history. This will allow Cygnus to maintain a level of information that helps us develop and improve our sites and Services.
Subject to legal requirements, we retain Employment Related Information for the length of employment plus an additional seven (7) years.
Cygnus Privacy Notice
Changes to this Notice
We may change or update this Notice periodically. When we do, we will post the revised Notice on this webpage indicating when the Notice was “Last Updated.”
Cygnus Home Service, LLC companies Providing this Notice
This Notice is provided by Cygnus Home Service, LLC. This Notice also applies to collection of Personal Information via schwans.com, cygnusjobs.com and yelloh.com.