Privacy Policy

Last Updated February 26, 2024

This is the Privacy Policy for the ChicoSTART website (“ChicoSTART”) provided by ChicoSTART, a California Non-Profit Corporation (the “Company,” “us,” or “we”). This Privacy Policy is governed by and part of our Terms of Use and describes the collection and use of personal data through ChicoSTART. By accessing ChicoSTART in any manner, you agree to our privacy practices as described in this Privacy Policy. If you do not agree with this Privacy Policy, do not access or use ChicoSTART. 

We may update this Privacy Policy from time to time. You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this page. We will collect your consent to these changes to the extent required by applicable law. If you have questions about our privacy practices or would like to make a complaint, please contact us at eva@chicostart.com. 

DEFINITION: PERSONAL DATA

As used in this Privacy Policy, “Personal Data” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Data falls within certain categories, for example:

• Identifiers (e.g., name, email, telephone number, address); 
• Sensitive information (e.g., government ID; racial or ethnic origin; religious beliefs; contents of messages when we are not the recipient; in some cases, information about a known child);
• Legally protected information (e.g., race, citizenship, marital status, sex);
• Biometrics (e.g., DNA, fingerprint, face/voice print) and audio, electronic, visual, thermal, or olfactory information;
• Employment-related information (e.g., current or past employment);
• Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99);
• Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies); 
• Internet or other similar activity (e.g., browsing history; content interactions); or 
• Inferences drawn from Personal Data to create a profile about preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, and aptitudes.

Information that is not protected as Personal Data includes publicly available information; aggregated information (meaning data summaries or reports with Personal Data removed); and anonymized information that cannot be linked back to an individual.   

PRIVACY PRACTICES

ChicoSTART collects Personal Data from Customers, Authorized Users, and website visitors as described in this section. We only collect, use, retain, and disclose Personal Data as is adequate and relevant to the specific, express purpose of providing ChicoSTART to our Clients or as reasonably necessary and proportionate to achieve our internal business or other purposes permitted by applicable law. 

During the preceding 12 months, ChicoSTART has collected Personal Data in the categories of identifiers, commercial history, and internet and similar information. We will not collect additional categories of Personal Data or use already collected Personal Data for purposes that are materially different, unrelated or not reasonably necessary or compatible with the original purpose without notice and consent to you as required by law.

ChicoSTART collects your Personal Data (1) with your consent when you opt-in to use ChicoSTART; (2) if we have a legitimate interest in doing so, like providing ChicoSTART to our Clients; or (3) as authorized or required by law. Our sources of Personal Data include:

• Authorized Users. When you register to use ChicoSTART as an Authorized User, you are prompted to input your name, billing address, email address and a password to the application or customer portal. The application and customer portal will also collect and store any additional Personal Data you choose to input. This information is collected with your consent and used to create your profile and to enable your access and use of ChicoSTART. 
• Customers. ChicoSTART Customers can use the application or customer portal to track seasonal metrics and manage orders from their buyers. Customers may input buyer Personal Data like buyer name, phone number, email address, order details, and notes. We collect this information as a service provider to the ChicoSTART Customer, and we use it to provide ChicoSTART’s features and functionalities, and generate statistics and reports on behalf of the Customer. 
• Website Visitors. If you visit our website to learn about ChicoSTART or interact with the Company in any manner, we will collect your email address or other identifiers if you join our email list or contact the Company, any Personal Data you choose to include in your messages to the Company, and we may collect internet and similar information via cookies or pixels as described below. We collect this information with your consent or with a legitimate interest, and we use it to respond to your inquiries and to provide and improve the website.

We use the Personal Data we collect to provide and improve ChicoSTART, for internal business purposes, and as permitted by law. We may also use Personal Data to: maintain the safety, security, and integrity of our technology assets; protect the legal interests of ChicoSTART or a Customer; respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; for the purpose of a potential or current business transition involving the transfer of Personal Data as a company asset; or for any purpose with your consent. 

CHILDREN’S PRIVACY 

ChicoSTART is designed for use by adults, not children. ChicoSTART will never knowingly collect Personal Data from a child online without prior consent from a parent or guardian. If we learn we have collected or received Personal Data from a child without authorization, we will delete that information.

DATA RETENTION

ChicoSTART only retains Personal Data for the minimum period necessary to provide ChicoSTART or achieve our business goals. Customer data, including Authorized User profile information, is retained as long as the Customer has an active subscription to use ChicoSTART and is deleted within 30 days after a subscription is canceled. Customers may modify or delete their data from the application at any time. Our company policies determine the retention periods for other types of Personal Data we may process. ChicoSTART reserves the right to retain data for longer periods as required by law or court order or if doing so is critical to our business. We securely delete data at the conclusion of the applicable retention period.

DISCLOSURES OF PERSONAL DATA

ChicoSTART will only disclose Personal Data to the third parties as described in this section, with your permission, or as required by law. In the preceding 12 months, we have disclosed Personal Data for a business purpose to: 

• ChicoSTART Customers. If you use ChicoSTART through one of our Customers that has granted you access as an Authorized User, that Customer will have access to your account profile information and activity on ChicoSTART. The Company does not control and is not responsible for the privacy practices of any Customer beyond what is necessary to provide ChicoSTART to that Customer. Please direct any questions about these policies and practices to the Customer that has granted you access to ChicoSTART.
• Our service providers. ChicoSTART’s service providers like telecom service providers, email and data hosting providers, and data analytics companies may have access to Personal Data as needed to perform their contractual obligations to us. We prohibit our service providers from selling or disclosing the Personal Data we provide, and we require all service providers to maintain confidentiality standards and appropriate technical and organizational measures to ensure the security of your Personal Data. 
• Law enforcement, and other governmental agencies, as permitted or required by law.
• Other third parties, as permitted by applicable law, for example: if we go through a business transition (e.g., merger, acquisition, or sale of a portion of our assets); to comply with a legal requirement or a court order; when we believe it is appropriate in order to take action regarding illegal activities or prevent fraud or harm to any person; to exercise or defend our legal claims; or for any other reason with your consent.
• Aggregated and Deidentified Information. ChicoSTART reserves the right to share aggregated, anonymized, or deidentified information about any individuals with non affiliated entities for marketing, advertising, research, or other purposes, without restriction.

CONTROLLING YOUR PERSONAL DATA

ChicoSTART provides you a variety of methods and options to directly control how we collect and use your Personal Data, including but not limited to: 

• Your Account. Each Authorized User can access, correct, delete, or control the Personal Data associated with their login and account. If you need help controlling your information beyond what is available through your account, please contact the Customer that granted you access to ChicoSTART or contact us at eva@chicostart.com for support.  
• Device Settings. You can control the data we collect through cookies and related technologies by adjusting your device settings or your cookie preferences on our website.
• Texting. If you provide us with your wireless phone number, you consent to the Company sending you service text messages. The number of texts you receive will depend on ChicoSTART you use and the information you request from us. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges. You can unsubscribe from our text messages by replying STOP or UNSUBSCRIBE to any of these text messages. 
• Emails. If you give us your email address, we may send you informational or support emails related to ChicoSTART. If you opt-in for promotional emails, we may send those as well. If you do not wish to receive emails from ChicoSTART, you can unsubscribe or change your preferences via the links provided in the emails or send a request to eva@chicostart.com. Note that if you opt-out of promotional emails, we may still send you non-promotional emails related to your use of ChicoSTART or our ongoing business relations.
• Privacy Requests. ChicoSTART’s Customers and Authorized Users can exercise their rights under applicable privacy laws by emailing us at eva@chicostart.com. ChicoSTART can only assist with or fulfill a privacy request when we have sufficient information to verify that the requester is the person or an authorized representative of the person about whom we have collected Personal Data, and to properly understand, evaluate, and respond to the request. We do not charge a fee to process or respond to a verifiable request unless we have legal grounds to do so. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We endeavor to respond to privacy requests in accordance with the requirements of the law applicable to your jurisdiction. If we do not fulfill your request within the legally required timeline, you can appeal our response by contacting eva@chicostart.com.  

If you want to express concerns, revoke your consent, lodge a complaint, or request information, please contact eva@chicostart.com.

• Do Not Track. Do Not Track signals are signals sent through a browser informing us that you do not want to be tracked. Currently, our systems do not recognize browser “do-not-track” requests.

YOUR PRIVACY RIGHTS

In the United States, consumer privacy is governed by federal privacy laws covering specific industries or data uses and state privacy laws providing with general consumer privacy rights. This section provides informational notices for state privacy laws applicable in California, Colorado, Connecticut, Nevada, Utah, Virginia, and other states that require companies to inform consumers about their privacy rights and provide a method to exercise those rights. Residents of states offering privacy protections (each a “Consumer”) may have some or all of the rights listed below: 

• Right to Correct. The right to correct allows you to request that we correct inaccurate Personal Data about you on our systems. If you become aware that the Personal Data that we hold about you is incorrect, or if your information changes, please inform us and we will update our records.
• Right to Deletion. You may request that we delete your Personal Data that we collected and retained, with certain exceptions. ChicoSTART may permanently delete, deidentify, or aggregate the Personal Data in response to a request for deletion. 
• Right to Access. The right to access allows you to request confirmation that we have collected Personal Data about you and that we provide you with access to that Personal Data. If you submit an access request, we will provide you with copies of the requested pieces of Personal Data in a portable and readily usable format. Please note that ChicoSTART may be prohibited by law from disclosing certain pieces of Personal Data, and we may be limited in the number or frequency of requests we must fulfill.  
• Right to Disclosure. You may request that we disclose information to you about our collection and use of your Personal Data, such as: (a) the categories of Personal Data we have collected about you; (b) the categories of sources for the Personal Data we have collected about you; (c) our business purpose for collecting, using, processing, sharing or selling that Personal Data, as applicable; (d) the categories of third parties with whom we share that Personal Data; and (e) if we sold or shared your Personal Data under the CCPA, two separate lists stating: (i) sales or sharing, identifying the Personal Data categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Data categories that each category of recipient obtained. Certain laws may limit the number or frequency of requests we must fulfill.   
• Limited Use and Disclosure of Sensitive Personal Data. You may have the right to opt-out or limit our use of your sensitive Personal Data. The Company does not seek to collect Personal Data that qualifies as sensitive Personal Data under privacy laws, and in no case will we disclose any sensitive Personal Data for the purpose of inferring characteristics about you or otherwise use your sensitive Personal Data without your consent. If this changes in the future, the Company will update this Privacy Policy and provide you with methods to opt-out or limit our use and disclosure of sensitive Personal Data. 
• No Selling or Sharing. Some states entitle consumers to opt-out of the sale or sharing of Personal Data or targeted advertising practices. The Company does not sell your Personal Data or share your Personal Data with third parties for cross-contextual behavioral advertising purposes. If this changes in the future, we will update this Privacy Policy and provide you with a method to opt-out. 
• No Profiling. Some state laws entitle Consumers the right to opt-out of automated profiling. We do not process your Personal Data to evaluate, analyze, or predict your interests and preferences or otherwise use automated profiling to produce significant effects that concern you. If this changes in the future, we will update this Privacy Policy and provide you with a method to opt-out. 
• Right to Nondiscrimination. The Company will not discriminate against you for exercising your legally available privacy rights. For example, unless permitted by law we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; (iv) retaliate against you as an employee, applicant for employment, or independent contractor for exercising your privacy rights; or (v) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services, because you exercised a right under applicable privacy laws.
• Right to Disclosure of Marketing Information. California’s Shine the Light Act (Civil Code sections 1798.83-1798.84) entitles California residents to request certain disclosures regarding Personal Data sharing with affiliates and/or third parties for marketing purposes.

Some of these laws may not apply to your use of ChicoSTART, in which case these notices are offered as a courtesy to those Consumers. To exercise your privacy rights, please submit a Privacy Request. Only you or someone legally authorized to act on your behalf may make a verifiable Privacy Request related to your Personal Data. You may also make a verifiable privacy request on behalf of your minor child. You may designate a third party to exercise your rights – an authorized agent – however we will require written proof of the authorization and potentially proof of your identity.

CONSENT TO CROSS-BORDER DATA TRANSFERS

ChicoSTART is a United States company that technical infrastructure in the United States. We design and market ChicoSTART for use in the United States. If you access ChicoSTART from outside the United States, please be aware that your Personal Data may be transferred to, processed, stored, and used in the United States or other jurisdictions. When your information is moved from your home country to another country, the laws and rules that protect your Personal Data in the country to which your information is transferred may be different from those of the country where you live. For example, if your information is in the United States, it may be accessed by government authorities under United States law. By allowing us to collect Personal Data about you, you consent to the transfer and processing of your Personal Data as described in this section.

COOKIES & TOKENS

ChicoSTART uses a CSRF token and cookie user management by session for security purposes. These technologies are essential for the security and functionality of the Services.

Cookies are small text files downloaded and stored on your computer or mobile device when you visit or use an online platform. Cookies may be used for functionality, security, analytics, or advertising. Some cookies are strictly necessary to the function of the website or other platform, while others enable certain features. You can adjust your device settings to alert you when cookies are sent to your device, or to refuse some or all cookies from being set on your device, or you can install a third-party plugin to control cookie behavior. If you disable or refuse cookies or block the use of other tracking technologies, some parts of ChicoSTART may then be inaccessible or not function properly. If you get a new device, install a new browser, or erase or alter your device’s cookie file or privacy settings, your privacy preferences may not be saved. 

SECURITY

ChicoSTART has implemented and maintains reasonable security measures to safeguard your Personal Data from accidental loss and unauthorized access, use, alteration, and disclosure. ChicoSTART security measures include an integrated php security framework and email and password authentication. We maintain security measures that are appropriate to the volume, scope, and nature of the personal data processed and designed to meet our duty of care with respect to your Personal Data.

Please remember that no submission of information over the Internet is entirely secure. You are responsible for keeping your device access and login information confidential. You are also encouraged to install anti-virus and anti-malware software on your devices and keep all software updated to avoid security risks. We cannot guarantee the security of information you submit via ChicoSTART while it is in transit over the Internet, and any such submission is at your own risk.

THIRD-PARTY SERVICES

This Privacy Policy only applies to ChicoSTART Services. It does not apply to any third-party platforms or services, or any third-party services linked or accessible from ChicoSTART. ChicoSTART may offer links to third-party services, but we have no control over third-party websites, apps, devices, or systems, and you should exercise caution when deciding to disclose your Personal Data to anyone.