Privacy Notice for California Residents
CDS’ Collection of Personal Information
The Site may collect “personal information,” which is defined in the CCPA, as information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household (“personal information“). Below is a chart setting forth the various types of personal information and whether CDS, through the Site, has collected such information from users of the Site within the last twelve (12) months.
|Personal Information Type||Examples||Did CDS collect?|
|Personal identifiers||real name, postal address, IP address, e-mail address, or other similar identifiers||Yes – CDS collects personal identifiers in the form of current and prospective client names, physical business addresses, business e-mail addresses, and business telephone numbers when a user (i) chooses to send CDS a message via the Site or (ii) seeks to download information contained in the Site (e.g., a whitepaper)|
|California Customer Records statute (Cal. Civ. Code § 1798.80(e)) personal information||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||No|
|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|
|Commercial information||records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies||No|
|Internet or other electronic network activity information||browsing history, search history, and information regarding a California user’s interaction with the Site||Yes – The Site collects “cookies” from users, but only with consent. If a user either does not consent, or the user simply continues to navigate the Site, CDS will not collect any “cookies.”|
|Geolocation data||information that can be used to identify an electronic device’s physical location||No|
|Audio, electronic, visual, thermal, olfactory, or similar information||voice recording||No|
Please be informed that the following types of information either do not constitute personal information under the CCPA, or are excluded from the scope of the CCPA:
- Publicly available information from government records (not deemed personal information)
- De-identified or aggregated consumer information (not deemed personal information)
- Health-related information under the Health Insurance Portability and Accountability Act of 1996 and the California Confidentiality of Medical Information Act (not within CCPA’s scope)
- Personal information subject to the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994 (not within CCPA’s scope)
Use and Disclosure of Personal Information
CDS may use or disclose the personal information it collects as follows:
- If a user of the Site chooses to send CDS a message via the Site regarding CDS’ services or products, CDS will use the personal information supplied to respond to the message. Similarly, if a user of the Site seeks to download information contained in the Site (e.g., a whitepaper), CDS will use the personal information supplied to fulfill the request.
- CDS may disclose personal information as required by law, regulation or the rules of practice of a governmental or quasi-governmental body. CDS may also disclose personal information to law enforcement officials in response to a lawful request. Though we do not currently anticipate a change in our ownership, in the event of a sale of the company or a significant portion of its assets, CDS may disclose or transfer personal information to a purchasing party.
- CDS may, with user consent, use “cookies” (i.e., small files that reside on the user’s computer or other digital device), to tailor its marketing efforts based on the portions of the Site the user visits.
- CDS may use personal information as otherwise permitted by the CCPA.
Sales of Personal Information
CDS does not sell personal information under any circumstances.
Sharing of Personal Information
CDS may disclose personal information to a third party in connection with a valid business purpose. In the event CDS discloses personal information to a third party for a business purpose, CDS will put a contract in place with the third party (i) describing the business purpose, (ii) stating that the third party will only use the personal information for the business purpose described, (iii) requiring the third party to maintain the confidentiality of the personal information, (iv) stating that the third party is prohibited from selling the personal information, and (v) stating that the third party is prohibited from re-identifying any personal information that has been de-identified. In the preceding twelve (12) months, CDS has not disclosed personal information to any third parties in connection with a business purpose.
Your CCPA Rights and Choices
As a consumer in the state of California, you have certain rights and choices regarding your personal information. These rights and choices, including how to exercise them, follow below.
Your Right to Access Personal Information
collection and use of your personal information over the past twelve (12) months. Once CDS receives your request, and verifies your identity, CDS will inform you of:
- The categories of personal information CDS has collected about you
- The categories of sources for the personal information CDS has collected about you
- CDS’ business purpose for collecting your personal information
- The categories of third parties with whom CDS shares that personal information
- The specific pieces of personal information CDS collected about you
- Whether CDS has disclosed your personal information for a business purpose and, if so, the personal information categories that each category of recipient received
Your Right to Data Portability
You have the right to a copy of your personal information CDS has collected in a readily useable format that allows you to transmit the information from one entity to another entity without hindrance.
Your Right to Request Deletion
Subject to certain exceptions set forth below, you have the right to request that CDS delete any of your personal information CDS has collected and retained. Upon receipt and confirmation of your identity, CDS will delete (and ensure that any third parties to whom CDS has disclosed your personal information delete) your personal information from CDS’ (and, if applicable, the third parties’) records.
CDS may deny your request for deletion if retaining the personal information is necessary for CDS (or any third party with whom CDS has shared your personal information) to:
- Comply with a legal mandate
- Provide the service you have requested, but only until such time as the service is complete
- Investigate security incidents, malicious activity, deceptive activity, fraudulent activity, and illegal activity; and prosecute any person(s) responsible for such activity
- Exercise any rights, or ensure the rights of another consumer, provided for by law, including the right of free speech
- Comply with the California Electronic Communications Privacy Act (CalECPA, S.B. 178)
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest (provided that such research adheres to all other applicable laws and ethical mandates) when (i) deletion of the personal information could seriously impair or likely render impossible the research, and (ii) you previously provided informed consent to participate in the research
- Based on your relationship with CDS, make internal uses of the personal information which are reasonably aligned with your expectations as a consumer
- Make other internal and lawful uses of the personal information which are consistent with the context in which you provided the information
Exercising Your Access, Data Portability and Deletion Rights
To exercise your access, data portability and deletion rights set forth above, please submit a verifiable consumer request to the CDS representative identified at the bottom of this Notice via e-mail or write to the CDS representative at the address contained at the bottom of this Notice. Only you, or a person registered with the California Secretary of State whom you authorize 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.
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 for CDS to reasonably verify you are the person about whom CDS collected personal information
- Describe your request with sufficient detail for CDS to understand, evaluate and respond to the request
In order to respond to your request, CDS must be able to verify your identity / authority to make the request. CDS must also verify that the personal information about which you inquire relates to you. CDS will only use your personal information submitted in connection with a verifiable consumer request to authenticate the identity of the requestor, or, if applicable, your authority to make the request on behalf of another.
Response Timing and Format
CDS strives to respond to all verifiable consumer requests within forty-five (45) days of receipt of a valid request. Should CDS require additional time to respond to your valid consumer request (which will not to exceed 90 days), CDS will inform you of the reason and extension period in writing. At your preference, CDS will provide a written response to your valid consumer request via physical mail or e-mail. Any disclosures CDS provides will (i) be limited to your personal information CDS receives in the twelve- (12) month period preceding your request, and (ii) set forth the reason(s) CDS is unable to comply with the request, if applicable. For any data portability requests, CDS will provide the personal information in a readily usable format to allow you to transfer the information from one entity to another without hindrance.
CDS does not charge a fee to process your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If CDS determines your request warrants a fee, CDS will, in writing, explain why CDS is charging a fee and include an estimate of the fee prior to processing your request.
CDS will not discriminate against you for exercising any right(s) you have under the CCPA. Unless the CCPA specifically permits it, CDS will not:
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
- Deny you goods or services
- Provide you a different level or quality of goods or services, or charge you a different price / rate for CDS’ goods and services
CDS may offer you certain financial incentives permitted by the CCPA, which may result in different prices, rates, or quality levels for CDS’ goods and services. Any CCPA-permitted financial incentive CDS offers will reasonably relate to the value of your personal information and contain written terms describing the pertinent characteristics of the incentive. The CCPA requires your consent (i.e., opt-in) to participate in a financial incentive program, which consent you have a right to revoke at any time.
California’s “Shine the Light” law (codified in Civil Code § 1798.83) permits users of the Site who are California residents to opt-out of CDS disclosing their personal information to third parties for marketing purposes. To make such a request, please send the CDS representative identified at the bottom of this Notice an e-mail or write to the CDS representative at the address contained at the bottom of this Notice.
Amendments to this Privacy Notice
CDS may amend this Notice from time-to-time by posting a revised Notice on the Site, which is located at http://www.cdslegal.com. CDS will only amend this Notice in a manner consistent with the requirements of California and federal law. When CDS amends this Notice, CDS will post the updated notice to the Site, and update the effective date of the Notice. Your continued use of the amended Site constitutes your acceptance of any updates made. This Notice was updated on January 2, 2020.
Should you wish to communicate with CDS about the contents of this Notice, the ways in which CDS collects and uses your personal information, your choices and rights regarding such collection and use, or your desire to exercise rights under California law, please contact the following CDS representative: