ENERCO PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: March 6, 2020

Last Revised:  May 19, 2020

This Privacy Notice for California Residents supplements the information contained in the Enerco 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 218 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Subject to certain limits under the CCPA, if you are a California resident, you have the right to submit certain requests relating to your personal information as outlined in this Privacy Notice.  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.

•             Certain personal information protected by other sector-specific federal or California statutes.

Categories of personally identifying information that our Website collects include the following: name, postal address, unique personal identifier, online identifier, email address, phone number, or other similar identifiers, and purchase history, including specific items you have purchased; your IP address, and interactions with electronic communications; preference data that you have shared, or that we have derived from your purchase and browsing history. 

Our Website 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 Personal Information

We may use 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 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.

In addition to the above, we may use information for any purpose if the information does not identify you and cannot be combined with other information accessible to us to identify you. 

We do not sell your personal information to third parties. We may, however, share your personal information with third-party service providers in accordance with the business purposes set out above and in our Privacy Policy, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights below). 

Your Specific Rights

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. 

You are entitled to (1) request more information regarding the categories and specific pieces of personal information we collect; and (2) request the deletion of your personal information. Our policies with respect to each of these rights are discussed below. This section also states our policy on the verification of identity for purposes of requests for more information or deletion of information, which is required under the CCPA. 

Right to Request More Information

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.  We will disclose to you: 

(A) The categories of personal information we have collected about you.
(B) The categories of sources for the personal information we have collected about you.
(C) The business or commercial purpose why we collected your personal information.
(D) The categories of third parties with whom we share your personal information.
(E) The specific pieces of personal information we have collected about you (also called a data portability request).
(F) The categories of personal information that we have shared with third parties about you for a business purpose.
(G) A list of all third parties to which we have disclosed your personal information (as defined under California Civil Code Section 1798.83(e)) during the preceding year for third-party direct marketing purposes. 

You may submit a request for the information above by calling us at (800) 251-0001 and follow the prompts for Customer Service or submit the form below. In connection with the submission of your request, we will take steps to verify your identity as outlined below, and you will need to verify your identity before action is taken.  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.

Right to Request Deletion of Your Personal Information

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.  Upon your request and confirmation of your identity, we will delete from our records your personal information, and we will direct any service providers with whom we shared your personal information also to delete your personal information from their records, unless an exception applies.

There may be circumstances where we (or our service providers) cannot delete your personal information. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: (A) retain your personal information to complete the transaction for which we collected the personal information, provide the goods or services 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; (B) detect security incidents; (C) protect against malicious, deceptive, fraudulent, or unlawful activities, or prosecute those responsible for such activities; (D) identify, debug, or repair errors; (E) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (F) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (G) comply with a legal obligation; (H) to document activities and communications with you, including any specific request related to this policy; or (I) make other internal and lawful uses of that information that are compatible with the context in which you provided it.

You may submit a request to delete your personal information by calling us at (800)251-0001 and follow the prompts for Customer Service or by submitting the form below.

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 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 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, specifically a pdf.

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. 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:

Do Not Sell My Personal Information

Utilize the form below by selecting “Opt Out” in the options before submitting.

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 in to personal information sales at any time by:

Utilize the form below by selecting “Opt-Out” in the options before submitting and add a note in the “Comments” field that you would like to opt back in.

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.

Verification of Requests for Further Information or to Delete Information

Upon submission of a request for information or a request to delete information, we will take reasonable steps to confirm that the person submitting the request to know or request to delete is the person to whom the information relates, and to prevent unauthorized access or deletion of information. The specific steps taken to verify the identity of the requesting person may vary based on the nature of the request, including the type, sensitivity and value of the information requested, the risk of harm posed by unauthorized access or deletion, the likelihood that fraudulent or malicious actors may seek the information, the robustness of personal information provided to verify your identity, the nature of our business relationship with you, and available technology for verification. 

We will generally try to avoid requesting additional information from you for the purpose of verification, but we may need to do so if we cannot verify your identity based on the information already maintained by us. If we request additional information to verify your identity, it will be for that purpose only, and will be deleted as soon as practical after processing the request, except as otherwise provided by law. 

The following generally describes the verification processes we use: 

• Password Protected Accounts. If you have a password-protected account with us, we may use existing authentication practices to verify your identity, but will require re-authentication before disclosing or deleting personal information. If we suspect fraudulent or malicious activity relating to your account, we will require further verification (as described below) before complying with a request to know or delete.
• Verification for Non-Account-holders. If you do not have, or cannot access, a password-protected account with us, we will generally verify your identity as follows:
  • For requests to know categories of personal information, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you with reliable data points maintained by us. 
  • For requests to know specific pieces of personal information, we will verify your identity to a reasonably high degree of certainty by matching at least three data points provided by you with reliable data points maintained by us. We will also require a declaration, signed under penalty of perjury, that the person requesting the information is the person whose information is the subject of the request. We will maintain all signed declarations as part of our records. 
  • For requests to delete personal information, we will verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the personal information and the risk of harm posed by unauthorized deletion. We will act in good faith when determining the appropriate standard to apply.
• Verification by Authorized Agent. You may designate an authorized agent to make the requests below on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will need to verify your identity directly with us through the process described below. 

If there is no reasonable method by which we can verify your identity, we will state so in response to a request to know or delete personal information, including an explanation of why we have no reasonable method to verify your identity. 

Right to Non-Discrimination for the Exercise of Your California Privacy Rights

If you choose to exercise any of the privacy rights conferred by the CCPA, you also have the right not to receive discriminatory treatment by us. We will not discriminate against you for exercising any of your CCPA rights. This means that, unless permitted by the CCPA, we will not deny providing goods or services to you, charge you different prices or rates for goods or services,   provide a different level or quality of goods or services to you, or suggest that you may receive a different price or rate for goods or services or a different level or quality of good or service. 

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.

Changes to This Privacy Policy

We reserve the right to change this privacy notice at our discretion from time to time. Should we do so, we will post the updated notice on the Website and update the notice’s effective date. We suggest that you periodically consult this privacy notice to review any changes. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes. 

Contact Information

If you have questions or comments about this privacy notice, the ways in which we collect, use or protect your personal information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, you may communicate with us by calling us at (800) 251-0001 and follow the prompts for Customer Service or submitting a completed form available on the form below.