California Consumer Privacy Act Addendum ("Addendum")
Last Revised: February 28, 2022
This Addendum 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 Policy.
Where noted in this Addendum, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication ("B2B Personal Information") from some of its requirements.
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:
- Publicly available information 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), clinical trial data, or other qualifying research data; and
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act ("FCRA"), the Gramm-Leach-Bliley Act ("GLBA") or California Financial Information Privacy Act ("FIPA"), and the Driver's Privacy Protection Act of 1994.
In particular, below are the details regarding the categories of Personal Information we have collected from Consumers within the last twelve (12) months:
Some Personal Information included in this category may overlap with other categories.
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 and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following 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;
- 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 Consumers is among the assets transferred.
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.
Sharing Personal Information
We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, AmeriMark has disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below.
|PERSONAL INFORMATION||SOURCE||PURPOSE||THIRD PARTIES|
|Personal and online identifiers (such as first and last name, email address, phone number, usernames, or unique online identifiers, IDFA, AAID)||
|Financial Account Information (such as credit card numbers, bank account information, PayPal account information)||
|Customer Profile Information (such as race, gender, age range, income range, ad demographics)||
|Communications with you (such as customer support messages, emails, social media posts)||
|Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement)||
|Non-Precise Geolocation Information (such as zip or area code, state, country)||
|Precise Geolocation Information (such as home or billing address or latitude and longitude)||
|Inferences drawn from the above information about your predicted characteristics and preferences||
|Other information about you that is linked to the personal information above||
We may also share your Personal Information by selling it to third parties, subject to your right to opt-out of those sales. Our Personal Information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, AmeriMark has sold the following categories of Personal Information to the categories of third parties indicated in the chart below. For more on your Personal Information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.
|A. Identifiers.||YES||Data brokers|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||YES||Data brokers|
|C. Protected classification characteristics under California or federal law.||NO||N/A|
|D. Commercial information.||YES||Data brokers|
|E. Biometric information.||NO||N/A|
|F. Internet or other similar network activity.||NO||N/A|
|G. Geolocation data.||NO||N/A|
|H. Sensory data.||NO||N/A|
|I. Professional or employment-related information.||NO||N/A|
|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)).||NO||N/A|
|K. Inferences drawn from other personal information.||NO||N/A|
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.
Right to Know and Data Portability
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 (the "Right to Know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), 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;
- 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;
- The specific pieces of Personal Information we collected about you (also called a data portability request).
We do not provide a right to know or data portability disclosure for B2B Personal Information.
Right to Delete
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 (the "Right to Delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information 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 will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
We do not provide these deletion rights for B2B Personal Information.
Exercising Your Rights to Know or Delete
To exercise your Right to Know or Right to Delete described above, you may do so online at https://www.amerimark.com/ccpa_update.html, by emailing us at firstname.lastname@example.org or by calling us at 1-877-268-9594.
Only you, or someone legally authorized to act on your behalf, may exercise the Right to Know or Right to Delete related to your Personal Information.
You may also exercise the Right to Know or Right to Delete on behalf of your child by contacting us at email@example.com.
You may only exercise the Right to Know twice within a 12-month period.
To exercise the Right to Know or Right to Delete, you 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:
- -Your name, user account ID, password, address or email address on file.
- -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.
You do not need to create an account with us to exercise your Right to Know or Right to Delete. 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 the request to verify the requestor's identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at firstname.lastname@example.org.
We endeavor to substantively respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to another 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 our receipt of your 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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are age 16 or older, you have the right to direct us to not sell your Personal Information at any time (the "Right to Opt-Out"). 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 contacting us at email@example.com or by calling us at 1-877-268-9594.
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 by:
- Placing an order;
- Requesting a catalog;
- Creating an account;
- Signing up for promotional emails.
You do not need to create an account with us to exercise your Right to Opt-Out. 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.
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.
Changes to this Addendum
We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on this page. When we do, we will revise the "Last Revised" date at the top of this Addendum. Please check back frequently to see any updates or changes to our Addendum. Your continued use of our website at www.amerimark.com following the posting of changes constitutes your acceptance of such changes.
- Email: email@example.com
- Postal Address: AmeriMark Direct, LLC
6864 Engle Road
Cleveland, Ohio 44130
Attention: Privacy Officer
If you need to access this Addendum in an alternative format due to having a disability, please contact firstname.lastname@example.org.