Effective
Date:
January 1, 2020
Last Reviewed
on:
January 1, 2020
This
Privacy Notice for California Residents
supplements the information contained in Midmark's General Privacy Policy and
applies solely to all visitors, users, and others who reside in the State of
California ("consumers" or "you"). We adopt this notice to
comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms
defined in the CCPA have the same meaning when used in this Notice. To the extent
that this notice conflicts with Midmark’s General Privacy Policy, this notice
shall control only inasmuch as it relates to any residents of the State of
California.
This
Notice does not apply to employment-related personal information collected from
California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.
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:
In particular, the categories of personal information marked with “YES” below, have been collected 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, driver's license number, passport number, or other similar identifiers.
| YES |
B. Personal Information categories listed in the California Customer Records statue (Cal. Civ. Code § 1798.80(e)) | A 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. Some personal information included in this category may overlap with other categories.
| NO |
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 and 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, information on a consumer's interaction with a website, application, or advertisement.
| YES |
G. Geolocation data | Physical location or movements.
| NO |
H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information.
| NO |
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 (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 |
We obtain the categories of personal information listed above from the following categories of sources:
We may use or disclose the personal information we collect for one or more of the following purposes:
We 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.
We do not sell personal information and have not sold personal information in the preceding twelve (12) months. We may disclose your personal information to a third party for business purposes. In the preceding twelve (12) months, we may have disclosed the following categories of personal information for a business purpose:
We may disclose your personal information for a business purpose to certain categories of third parties, including third parties who provide services to us in our ordinary course of business, such as delivering goods, fulfilling orders, processing payments, and other various third-party services.
The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those 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:
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 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:
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. If you wish to
authorize an agent to act on your behalf, we may require that you provide us a
copy of written permission for said agent to act on your behalf. We may also
require that you directly verify your own identity with us prior to our
acceptance of a request from your agent.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
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.
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 may 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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
If you have any questions or comments about this notice, the ways in which Midmark collects and uses your information described here and in the General Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us at:
Phone: 1-800-MIDMARK (1-800-643-6275)
Website: Visiting www.midmark.com/privacy-policy-form
Email: CCPAPrivacy@midmark.com