California Consumer Privacy Act of 2018 (“CCPA”)
Effective July 15, 2020
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the PRIVACY NOTICE of BerkOne, Inc. (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who meet the definition of a “resident” of the State of California (“consumers” or “you”) as provided in Section 17014 of Title 18 of the California Code of Regulations. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
The California Consumer Privacy Act of 2018 (“CCPA”) passed the California Legislature and Governor Jerry Brown signed it into law on June 28, 2018. (Reference: CALIFORNIA CONSUMER PRIVACY ACT, 2018 Cal. Legis. Serv. Ch. 55 (A.B. 375) (WEST). All citations to the CCPA are to Section 3, Title 1.81.5 of the CCPA, added to Part 4 of Division 3 of the California Civil Code.
The provisions of the CCPA took effect on January 1, 2020. The California Attorney General may commence enforcement actions on July 1, 2020 or six months after the publication of final regulations.
The intent of the California Legislature is to further California residents’ right to privacy by giving consumers an effective way to control their personal information, by ensuring the following rights:
- The right of Californians to know what personal information is being collected about them.
- The right of Californians to know whether their personal information is sold or disclosed and to whom.
- The right of Californians to say no to the sale of personal information.
- The right of Californians to access their personal information.
- The right of Californians to equal service and price, even if they exercise their privacy rights.
Information We Collect
On behalf of our clients and for our own marketing purposes, BerkOne collects 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 household (“personal information”). We collected the following categories of personal information from consumers within the last twelve (12) months:
(defined in 1798.80(e) of California Civil Code)
(“Yes” indication in the “Collected” column means that BerkOne was provided with 1 or more of the example data types.)
Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute.
Signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
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).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
DNA. Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health or exercise data that may contain identifying information.
F. Internet or other similar network activity.
Browsing history, search history, information regarding a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights & 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.
K. Inferences drawn from other personal information.
Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from federal, state or local government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from our clients or their agents. For example, from documents or digital data provided to us related to the services for which they engage us.
- Indirectly from our clients or their agents. For example, from information provided by our clients in the course of delivering services to them.
- Directly and indirectly from activity on our website (www.berkone.com). For example, from submissions through our website portal or website usage details collected automatically.
- Directly or indirectly from employees or candidates for employment. For example, from job applicants.
- From third parties that interact with us in connection with our business operations.
Use of Personal Information
We may use or disclose the personal information provided to us for one or more of the following business purposes:
- To provide business services to our clients according to and only for the purposes directed by our clients.
- To fulfill or meet the reason for which the information is provided.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when you provided your personal information or as otherwise set forth in the CCPA.
- 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 is among the assets transferred.
BerkOne uses personal identifiable information provided on our website for the purposes identified on our website. BerkOne uses personal identifiable information provided in the course of marketing operations only for marketing purposes.
We will not collect additional categories of personal information or use the personal information provided to us for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
BerkOne policies prohibit the sale, sharing, or unauthorized distribution of personally identifiable information to third parties, unless explicitly authorized by that person. In the preceding 12 months, we have not sold any personal information.
We may disclose your personal information for a business purpose to the following categories of third parties:
- Our clients, their agents or third parties as directed by our clients in the normal course of providing business services.
- Our affiliates.
- Service providers.
When we disclose personal information for a business purpose, we enter an agreement that describes the purpose, and requires the third party to keep that personal information confidential and to not use it for any purpose except to perform the business purpose.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
Your Rights and Choices
The CCPA provides California resident consumers 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. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer request, 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 did not sell or disclose your personal information in the last 12 months, we will confirm that.
- 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.
Note: As of the date of this PRIVACY NOTICE FOR CALIFORNIA RESIDENTS, BerkOne has no direct-to-consumer customers.
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. If you are a customer of one of our clients, BerkOne will turn your request over to that client and your response will come from them.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, then once we receive and confirm your verifiable consumer request, 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 clients or our service providers 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, 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.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with client directed data retention requirements.
- 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.
- Conform to technical recommendations or requirements to ensure data security and validity.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by either:
- If you are a customer of one of our clients, make the request to that client and your response will come from them.
- If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, complete a contact form on berkone.com and use the comment section to provide your request.
- If you are a direct-to-consumer client of BerkOne, you may call toll-free: 866-396-8194, option 2.
Only you or a person registered with the California Secretary of State that you authorize 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 our client or 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.
Neither we nor our client(s) can respond to your request or provide you with personal information unless the following can be confirmed: your identity or authority to make the request and that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with BerkOne, but our client may require it. 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
If you are a customer of one of our clients and submit a request to BerkOne which in our determination should be handled by that client, then we will forward to that client within 5 business days. Once we forward to our client, the client will be responsible for replying to you.
If you are a direct-to-consumer client of BerkOne, i.e. we bill you directly, we will 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. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 receipt of the verifiable consumer request. 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.
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.
Unsubscribing and Saying No To Sale Of Personal Information
- If you submit an “Unsubscribe” request on our website, we will no longer contact you which satisfies our responsibility to avoid requesting opt-in consent for 12 months after a California resident opts out (Cal. Civ. Code §1798.135(a)(5)).
- We do not provide a form on our website where consumers can opt out of the sale of their personal information because BerkOne policies prohibit the sale, sharing, or unauthorized distribution of personally identifiable information to third parties (Cal. Civ. Code §1798.102).
Changes to Our Privacy 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 notify you through a notice on our website.
If you have any questions or comments about this notice, our PRIVACY Notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us.
For more information on CCPA, please visit this California Legislative Information website: https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180AB375