California Consumer Privacy Act Notice
CALIFORNIA CONSUMER PRIVACY ACT NOTICE
Effective: January 1, 2020
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
The CCPA temporarily exempts personal information reflecting a written or verbal business-to-business (“B2B”) communication from its requirements. It also exempts information that is subject to specific federal privacy regulations, such as the Health Insurance Portability and Accountability Act (HIPPA), the Gramm-Leach-Bliley Act (GLBA), and the Fair Credit Reporting Act (FCRA).
INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include (1) publicly available information from government records and (2) deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months
|A. Personal identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||YES|
|B. Additional personal identifiers (sensitive)||A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law||Age (40 years or older) and sex. We collect your disability status when you request an accommodation from us.||YES|
|D. Commercial information||Records products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity||Browsing history, search history, data analytics, tracking pixels, cookies, other information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data||Physical location or movements, derived from IP address or provided through your device.||YES|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information, including call recordings for customer service, video surveillance for security, session monitoring for IT security.||YES|
|I. Professional or employment-related information||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act)||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, etc.||NO|
|K. Inferences drawn from other personal information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, and the like.||YES|
USE OF PERSONAL INFORMATION
|Category of Information||How We Use This Information|
|A. Personal identifiers||To provide our products/services, respond to your requests and complaints, send information, complete transactions, target offers, promotions, and advertisements to you and prevent fraud.|
|B. Additional personal identifiers (sensitive)||To complete transactions and prevent fraud.|
|C. Protected classifications||To provide you with customized services and targeted offers and advertisements, discover and address discrimination, and provide requested accommodations.|
|D. Commercial information||To provide our services, respond to your requests and complaints, send information to you, complete transactions, target offers, promotions, and advertisements to you and prevent fraud.|
|E. Biometric information||N/A|
|F. Internet or other similar network activity||To measure the use and effectiveness of, and make improvements to, our services, serve/send targeted advertisements and offers, complete transactions, and prevent fraud.|
|G. Geolocation data|
|H. Sensory data||To measure the use and effectiveness of, and make improvements to, our services, serve/send targeted advertisements and offers, monitor customer service, train employees, and detect, investigate, and prevent activities that may violate our policies or be illegal.|
|I. Professional or employment-related information||N/A|
|J. Education information|
|K. Inferences drawn from other personal information||To measure the use and effectiveness of, and make improvements to, our products and services, serve/send targeted advertisements and offers.|
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the personal information was collected, including to fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders.
More generally, we may use or disclose the personal information we collect for the following purposes:
- To provide, support, personalize, and develop our website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law), to improve your website experience, and to save your preferences.
- To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate, negotiate, or conduct a change of corporate control such as a restructuring, merger, or sale of our assets.
We may share any of the above-listed information with Service Providers, which are companies that we engage for business purposes to conduct activities on our behalf. Service Providers are restricted from using Personal Information for any purpose that is not related to our engagement. The categories of Service Providers with whom we share information and the services they provide are described in the section on “Sharing Personal Information” immediately below.
SHARING PERSONAL INFORMATION
You have the right to opt out of any sale of your personal information by us to third parties. We currently do not sell personal information.
We may also disclose information to other entities who are not listed here when required by law or to protect our company or other persons, as described in this Notice.
YOUR RIGHTS AND CHOICES
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract 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 et. seq.).
- 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.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights: To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either calling our toll-free number or using our web contact form. See the Contact Us section below.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- matching data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer and
- depending on the circumstances, obtaining a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of 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 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format: We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. Our response will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
CHANGES TO OUR NOTICE
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this 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.
DOWNLOADABLE LINK TO PRINTABLE NOTICE
For a downloadable link to a printable version of this California Consumer Privacy Act Notice, click here.