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California Consumer Privacy Rights

California Consumer Privacy Rights

 

Section 1798.83 of the California Civil Code enables our customers who are California residents to request certain information from us with respect to our disclosure information to third parties for their direct marketing purposes. California residents can make such a request by clicking here .  Please also see the information set forth below under the caption “Summary of Rights for California Residents Under California Civil Code (California Consumer Privacy Act).”

 

Who Do You Contact If You Have Any Questions About Privacy?

 

If you have any questions regarding privacy, you should contact us by clicking here.

 

Summary of Rights for California Residents Under California Civil Code (California Consumer Privacy Act)

 

If you are a California resident, this section applies to you. ​​ This section describes how we collect, use, and share your personal information in operating our business, and the rights that you have with respect to your personal information. ​​

 

California Civil Code (“CCP”) § 1798.100. As a consumer, you have the right to request that we disclose the categories and specific pieces of personal information collected, which is sometimes referred to as a data portability request. At or before the point of collection, we must disclose to you the categories of information to be collected and the purposes for which the information will be used. This information must be disclosed to you free of charge, by mail or electronically. Information disclosed electronically must be in a portable format, and to the extent technically feasible, in a readily useable format that allows you to transmit the information without hindrance to another entity. “Personal information” is defined in CCP § 1798.140 to include information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.

 

CCP § 1798.105. As a consumer, you have the right to request that we delete the personal information collected from you. We are required to inform you of this right. We are not required to comply with a request to delete personal information if it is necessary for us or one of our service providers to maintain the information in order to accomplish one of the following:

(1)        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 perform our contract with you.

(2)        Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

(3)        Debug products to identify and repair errors that impair existing intended functionality.

(4)        Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

(5)        Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

(6)        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.

(7)        Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

(8)        Comply with a legal obligation.

(9)        Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

CCP § 1798.110. You have the right to request that we disclose the following to you:

 

(1)        The categories of personal information we have collected about you.

(2)        The categories of sources from which the personal information is collected.

(3)        The business or commercial purpose for collecting or selling personal information.

(4)        The categories of third parties with whom we share personal information.

(5)        The specific pieces of personal information we have collected about you.

 

CCP § 1798.115. You have the right to request that we disclose the following to you:

 

(1)        The categories of personal information that we collected about you.

(2)        If we sold information about you—(we do not sell your personal information--the categories of personal information that we sold about you and the categories of third parties to whom the information was sold. If applicable, this information would be described by category of information for each third party to whom the information was sold.

(3)        The categories of personal information that we disclosed about you for a business purpose.

 

CCP § 1798.120. Our company does not and will not sell your personal information. If we sold your personal information, you would have the right to direct us not to sell your personal information and we would be required to give you notice of this right and to inform you that you could exercise this right by visiting a specific link on our Web Site that would be titled “Do Not Sell My Personal Information”.  Because we do not sell customer’s personal information, our site does not include a link.

 

CCP § 1798.125. We are prohibited from discriminating against you for exercising your rights under the California Consumer Privacy Act; this includes, but is not limited to, discrimination by:

 

(1)        Denying you goods or services.

(2)        Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(3)        Providing a different level or quality of goods or services to you.

(4)        Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we are allowed to offer financial incentives, including payments to consumers, for the collection, sale, or deletion of personal information. We are required to give you notice of any financial incentives offered and may only enter you into a financial incentive program if you provide consent by opting-in after being informed of the material terms of the program. You may revoke your consent at any time.  We do not offer financial incentives for the collection, sale or deletion of personal information.

 

Categories of Personal Information Collected in Past 12 Months

 

We have collected the following categories of personal information from our customers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, education, employment, employment history, 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), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
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, information on a consumer's interaction with a website, application, or advertisement. YES, AS TO VISITORS TO OUR SITE
G. Geolocation data. Physical location or movements. NO, NOT USED, BUT POTENTIALLY ACCESSIBLE VIA IP ADDRESSES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES, AS TO AUDIO RECORDINGS
I. Professional or employment-related information Current or past job history or performance evaluations. NO, AS TO CUSTOMERS
YES, AS TO EMPLOYEES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C.Section 1232g, 34 C.F.R.Part 99)). 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, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
  1. We obtain the categories of personal information listed above from the following categories of sources:

     

    • Directly from you. For example, from forms you complete or products you purchase.
    • Your actions on our Web Site, landing pages, and other web properties.

     

    Use of Personal Information

     

    We may use, or disclose the personal information we collect for one or more of the following business purposes:

     

    • 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 products, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

     

    • To provide, support, personalize, and develop our Web Site and products.

     

    • 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 help maintain the safety, security, and integrity of our Web Site, products, 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 California Consumer Privacy Act.

     

    • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers or Web Site users is among the assets transferred.

     

    We will not collect additional categories of personal information or use the personal information we collected for different, unrelated, or incompatible purposes without providing you notice.

     

    Sharing Personal Information

     

    We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

     

    We share your personal information with the following category of third parties:

     

    • Limited information to credit card processing companies to complete transactions at your request.

     

    • Limited information to common carriers such as USPS, UPS and FedEx for delivery of products you purchase from our company.

     

    Disclosures of Personal Information for a Business Purpose

     

    In the preceding 12 months, we disclosed the following categories of personal information for a business purpose:

     

    Category A: Identifiers.

     

    Category B: California Customer Records personal information categories.

     

    We disclose your personal information for a business purpose to the following categories of third parties:

     

    • Limited information to credit card processing companies to complete transactions at your request.

     

    • Limited information to common carriers such as USPS, UPS and FedEx for delivery of products you purchase from our company.

     

    Sales of Personal Information

     

    In the preceding 12 months, we have not sold personal information and we will not sell your 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 via this Link

    Only you, or a person you designate as an authorized agent 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. We reserve the right to require verification of your authorized agent’s identity and authority, which may include:

     

    • Verification of your identity as described below;

     

    • A power of attorney pursuant to California Probate Code sections 4000 - 4465 or otherwise sufficient in our discretion to establish your authorized agent’s authority; and/or

     

    • Your authorized agent’s valid government-issued identification or other proof of identity acceptable to us in our sole discretion.

     

    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.
    • 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.

     

    We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

     

    We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

     

    Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide 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 do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. 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.