Privacy Notice For California Residents

Last Updated: February 4, 2020

 

This Privacy Notice for California Residents supplements the information contained in Cervey’s Website Privacy Policy and applies solely to all visitors, users, and others visiting our website who reside in the State of California (“consumers” or “you”). Cervey adopts 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. 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.

 

Information Cervey Collects

Cervey collects 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; and
  • Information excluded from the CCPA’s scope.

 

In particular, Cervey has collected the following categories of personal information from its consumers within the last twelve (12) months:

  • Contact information, such as names and addresses, telephone numbers and email addresses, titles etc.;
  • Information related to user behavior in own communication-channels (including IP-addresses).

 

Use of Personal Information

Cervey 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, Cervey will use that personal information to respond to your inquiry;
  • To provide, support, personalize, and develop our Website, products, and services;
  • To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improving 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, which is described in the Cervey Privacy Policy;
  • 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; and
  • 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.

 

Cervey will not collect additional categories of personal information or use the personal information Cervey collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

Cervey may disclose your personal information to a third party for a business purpose. When Cervey discloses personal information for a business purpose, Cervey enters 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.

 

Cervey shares your personal information with the following categories of third parties:

  • Service providers.

 

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Cervey has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

 

Sales of Personal Information

In the preceding twelve (12) months, Cervey has not sold personal information of consumers.

 

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 Cervey disclose certain information to you about Cervey’s collection and use of your personal information over the past 12 months. Once Cervey receives and confirms your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), Cervey will disclose to you:

  • The categories of personal information Cervey collected about you;
  • The categories of sources for the personal information Cervey collected about you;
  • Our business or commercial purpose for collecting or selling that personal information;
  • The categories of third parties with whom Cervey shares that personal information;
  • The specific pieces of personal information Cervey collected about you (also called a data portability request); and
  • If Cervey disclosed your personal information for a business purpose identifying the personal information categories that each category of recipient obtained. Cervey does not provide these access and data portability rights for B2B personal information.

 

Deletion Request Rights

You have the right to request that Cervey delete any of your personal information that Cervey collected from you and retained, subject to certain exceptions. Once Cervey receives and confirms your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), Cervey 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.

 

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:

  • Calling us at 1-800-710-9348;
  • Emailing us at contactus@cervey.com; or
  • Visiting us at cervey.com/contact-us/.

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. 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, which may include your name, employee number, owner number, mailing address, property location, last four digits of the social security number, last-received check number, and/or other data points which Cervey has in its records and can be used to verify the authenticity of the request.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

Cervey cannot respond to your request or provide you with personal information if Cervey cannot verify your identity or authority to make the request and confirm the personal information relates to you. Cervey 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

Cervey endeavors to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, Cervey will inform you of the reason and extension period in writing.

 

Any disclosures Cervey provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Cervey provides will also explain the reasons Cervey cannot comply with a request, if applicable. For data portability requests, Cervey 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.

 

Cervey does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Cervey determines that the request warrants a fee, Cervey will tell you why Cervey made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

Cervey will not discriminate against you for exercising any of your CCPA rights.

 

Changes to Our Privacy Notice

Cervey reserves 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.

 

Contact Information

If you have any questions or comments about this notice, the ways in which Cervey collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-710-9348
Website: cervey.com/contact-us/
Email: contactus@cervey.com
Postal Address:
Cervey, LLC
Attn: Trent Jackson / IT
410 Kay Lane
Shreveport, LA 71115