In addition to the rights set forth above in this Privacy Statement, if you are an individual who is also a California resident, you are afforded rights under the California Consumer Privacy Act (“CCPA”), which allows you to make certain requests about your personal information in our possession. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose your personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, the CCPA provides that we are not required to comply with a request to delete personal information if the information is necessary for our Firm to:
- Comply with a legal obligation.
- Complete the transaction for which the information was collected, provide a good or service you requested, perform a contract with you, to fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or take actions reasonably anticipated in the context of our ongoing business relationship with you.
- Detect security incidents, protect against deceptive, malicious, fraudulent or illegal activity, or to prosecute those responsible for that activity.
- Debug products, services or applications to identify and repair errors that impair existing functionality.
- Exercise free speech, to ensure the rights of others to exercise their free speech rights, or to exercise another right provided by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based upon your relationship with our Firm.
- Make other internal and lawful uses of the information that are compatible with the context in which you provided the information.
Furthermore, we are not obligated under the CCPA to respond to any request where compliance or disclosure would violate an evidentiary privilege under California law, or conflict with federal or state law.
The CCPA, does not require that we provide personal information to a consumer more than twice in a twelve month period. Any disclosures we make will only cover the twelve (12) month period preceding the request.
Regulations proposed by the California Attorney General prohibit us from disclosing specific pieces of personal information if the disclosure creates a substantial, articulable and unreasonable risk to the security of that information or the security of our systems or networks. These proposed regulations further prohibit us from disclosing in response to a consumer’s request a Social Security number, driver’s license number, other government issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.
Before we respond to any request involving personal information, the CCPA requires that we confirm the identity of the person making the request, and if the request is made on behalf of another person, his or her authority to make the request on the other person’s behalf. We are not obligated to provide or to delete any information pursuant to your request if we are unable to adequately verify your identity or the identity of the person making the request on your behalf. Accordingly, we will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, and other account information. If we cannot verify your identity, we will not be able to respond to or take action upon such request.
You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
For our Privacy Notice for California Residents in Connection with Professional Services, please see here.
If there is a discrepancy between any of the other provisions of this Privacy Statement and the requirements of the CCPA involving an individual who is a California resident, the CCPA shall govern our obligations and responses.
In addition, the California Civil Code permits California residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please contact our Privacy Officer as explained at the end of this Privacy Statement and mention that you are making a “California Shine the Light” inquiry.