Note to Clients—About the California Consumer Privacy Act of 2018
To Whom CCPA Applies: Significantly, CCPA gives the consumer the right to request that a “business that collects a consumer’s Personal Information disclose to that consumer the categories and specific pieces of Personal Information the business has collected.” 1798.100(a).
In Section 1798.140(c)(1), CCPA defines “business” as:
(1) A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers’ Personal Information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ Personal Information, that does business in the State of California, and that satisfies one or more of the following thresholds:
(A) Has annual gross revenues in excess of twenty-five million dollars ($25,000,000), as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185.
(B) Alone or in combination, annually buys, receives for the business’ commercial purposes, sells, or shares for commercial purposes, alone or in combination, the Personal Information of 50,000 or more consumers, households, or devices.
(C) Derives 50 percent or more of its annual revenues from selling consumers’ Personal Information.
Under 1798.140(t): “Sell,” “selling,” “sale,” 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 another business or a third party for monetary or other valuable consideration. (emphasis added) However, there are a number of exceptions which we can discuss with you; note that this is an evolving area, and unclear with respect to the telemedicine arena. Having the CCPA disclosure is precautionary, and while we will advise, companies will make their own business judgment with respect to compliance and enforcement risk.
An entity that “controls” or is “controlled” by, and ‘shares common branding with,” a business, is also a “business.” (1798.140(c)(2)).
The CCPA applies not only to information collected electronically on the Internet, but also to the collection and sales of all information a business collects from consumers (1798.175).
Recommendation: Note that CCPA by its terms states that it only applies to California residents; however, if CCPA were to apply in California and the Company does business in California, then presumably CCPA applies. As well, the Company might reasonably decide to honor requests based on CCPA by non-California residents, because of the potential challenge in determining someone’s residence. Alternatively, the company might determine that when someone requests access or deletion of very sensitive data, it may be appropriate to evaluate their residency and validity of their right as compared to a minor data request.
Review & Update: Covered businesses must review and update the California-specific privacy notice’s content at least every 12 months (Cal. Civ. Code § 1798.130(a)(5)). The business should also establish practices or procedures that ensure legal counsel learns when activities occur that then require revising the notice, such as: Collecting, disclosing, or selling new or different categories of Personal Information; Disclosing or selling Personal Information to new or different categories of third parties; Using, disclosing, or selling Personal Information for new or different purposes; Selling Personal Information for the first time.
How to Work with This Form: Carefully review each and every section as it is very fact dependent on your specific business practices. Let us go over these with you during a call.
CMIA Requirements: Note the CCPA’s requirements do not apply to “medical information” subject to the California Confidentiality of Medical Information Act (CMIA) or to “protected health information” (PHI) collected by covered entities and business associates under the HIPAA Privacy, Security and Breach Notification Rules. Moreover, providers of health care subject to CMIA and covered entities subject to HIPAA are not covered businesses under CCPA if they maintain all patient information in the same manner they maintain “medical information” or “protected health information” subject to CMIA and HIPAA, respectively. CCPA also exempts information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act or the California Financial Information Privacy Act as well as other exemptions.
However, businesses potentially might be subject to CMIA and/or HIPAA with respect to medical information or PHI respectively; and also, subject to CCPA with respect to other information. We can discuss with you.
Penalties: Section 1798.150 gives consumers the right to institute a civil action to recover damages as specified by the statute for breaches of certain unencrypted/unredacted data resulting from not having reasonable security measures. This only applies to the type of data you would normally have a breach notification for such as SSN, account numbers, etc. The rest of CCPA, such as disclosures, access requests, etc., is enforced by the Attorney General who can enforce possible breaches too. Each has statutory penalties.
Related Statutes: Note that the legislative scheme with respect to “medical information” and “personal information” includes additional statutes, such as CMIA (previously noted, above) and, California Civil Code provisions such as Section 1798.81 (“A business shall take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by (a) shredding, (b) erasing, or (c) otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means.”). See also 1798.81.5, which among other things provides, that: “A business that owns, licenses, or maintains personal information about a California resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.” This obligation includes contractually requiring that a third party that has access to the personal information implement and maintain reasonable security procedures as well.
Cooper and Company
Privacy Notice for California Residents under the
California Consumer Privacy Act of 2018
Effective Date: 1/10/2022
Last Reviewed on: 1/10/2022
Information We Collect
Our website 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 device (“Personal Information”). In particular, www.primohealthpartners.com has collected the following categories of Personal Information from its consumers within the last twelve (12) months:
(A) Identifiers such as a 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) Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, 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. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(C) Characteristics of protected classifications under California or federal law, including: 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, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E) Biometric information.
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
(G) Geolocation data.
(H) Audio, electronic, visual, thermal, olfactory, or similar information.
(I) Professional or employment-related information.
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
(K) Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information does not include:
· Publicly available information that is lawfully made available from government records.
· Deidentified or aggregated consumer information.
· Information excluded from the CCPA’s scope, like:
· 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.
Cooper and Company obtains the categories of Personal Information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete or products and services you purchase.
· Indirectly from you. For example, from observing your actions on our Website.
Use of Google Analytics
We use Google Analytics on our website.
We use Google Analytics to provide internal insight on how the site performs, how frequently it is visited, how users interact with it, and to pinpoint potential improvements that we can implement to improve our user experience.
Google Analytics collects the following information:
• Behavioral data (which pages of our website you visit; how long you stay on each page)
• Browser type (e.g. Chrome, Firefox, etc.)
• Network provider
• Device category (desktop, tablet, or mobile)
None of this information is ever provided to third parties for dissemination of any kind.
Use of Personal Information
We may use, [sell,] 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 or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, 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 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 personalize your Website experience and 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 help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
· 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.
· Other business purposes.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Cooper and Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Cooper and Company about our Website users is among the assets transferred.
Cooper and Company will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Cooper and Company may disclose your Personal Information to a third party for a business purpose [or sell your Personal Information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights)]. 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. The CCPA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We share your Personal Information with the following categories of third parties:
· Service providers.
· Data aggregators.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company [has or has not] disclosed Personal Information for a business purpose/has 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 D: Commercial information.]
[Category E: Biometric information.]
[Category F: Internet or other similar network activity.]
[Category G: Geolocation data.]
[Category H: Sensory data.]
[Category I: Professional or employment-related information.]
[Category J: Non-public education information.]
[Category K: Inferences drawn from other Personal Information.]]
[We disclose your Personal Information for a business purpose to the following categories of third parties:
· Service providers.
· [[OTHER THIRD-PARTY CATEGORY].]]
Sales of Personal Information
In the preceding twelve (12) months, Company [has or has not] sold Personal Information/has sold the following categories of Personal Information:
[B. California Customer Records Personal Information categories.]
[C. Protected classification characteristics under California or federal law.]
[D. Commercial information.]
[E. Biometric information.]
[F. Internet or other similar network activity.]
[G. Geolocation data.]
[H. Sensory data.]
[I. Professional or employment-related information.]
[J. Non-public education information.]
[K. Inferences drawn from other Personal Information.]]
[We sell your Personal Information to the following categories of third parties:
· [Data aggregators.]
· [[OTHER THIRD-PARTY CATEGORY].]]
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 Cooper and Company 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 specific pieces of Personal Information we collected about you (also called a data portability request).
· The categories of third parties with whom we share that Personal Information.
· 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.
A verifiable consumer request means a request made by a consumer, or certain other persons authorized to act on the consumer’s behalf, and that the business can reasonably verify (1798.140(y)).
Deletion Request Rights
Per California Civil Code, Section 1798.105, you have the right to request that Cooper and Company 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:
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 et. 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.
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 us at 404-293-0039.
· Emailing admin@ email@example.com
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 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.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
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 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 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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into Personal Information sales at any time:
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the 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.
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. [We currently provide the following financial incentives:
[FINANCIAL INCENTIVE NAME, HYPERLINKED TO THE DISCLOSURE DOCUMENT]]
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: 800 Battery Avenue SE, Suite 3130. Atlanta, GA 30339.
Changes to Our Privacy Notice
Cooper and Company reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy 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.
Cooper and Company
Attn: Privacy Officer
800 Battery Avenue SE, Suite 3130. Atlanta, GA 30339