CCPA and CPRA Disclosures for California Residents
Effective January 1, 2023
This disclosure is intended for Consumers on behalf of Degenkolb Engineers (“Degenkolb”) concerning Personal Information that is subject to the California Consumer Privacy Act (“CCPA”) and/or the California Privacy Rights Act (“CPRA”). As defined by the CCPA and CPRA, a consumer is a natural person who is a California resident, living in California for other than a temporary or transitory purpose, or an individual domiciled in California. The terms “we,” “our,” and “us” in this policy (“Policy”) refer to Degenkolb. This disclosure is not intended to apply to information that is exempt from the CCPA and CPRA. Any terms defined in the CCPA and CPRA have the same meaning when used in this notice.
Degenkolb is providing this disclosure in order to comply with the CCPA and CPRA, which are laws that provide certain data privacy rights to California residents regarding the collection, use, and deletion of their personal information. “Personal Information” is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.
This disclosure supplements the information contained in our online privacy notice.
Collection, Use, and Disclosure of Personal Information
We collect and have collected, used, and disclosed, in the past 12 months, the following categories of Personal Information about California residents:
- Identifiers and contact information such as real name, alias, postal address, unique personal identifier, online identifier, email address, telephone number, Social Security number, driver’s license number, passport number, or other similar identifier and contact information;
- Protected classification characteristics under California or federal law such as age, citizenship, physical or mental disability, veteran or military status;
- Commercial information such as credit card numbers with expiration dates and CVV codes, bank account information, wiring instructions, and services purchased;
- Internet or other electronic network activity or information such as a consumer’s submission of a Claim Form through our website;
- Geolocation data such as physical location or IP address;
- Sensory data such as audio, electronic, or similar information;
- Professional or employment-related information such as data submitted with employment applications, background checks, work authorization, professional licenses, educational degrees, performance and disciplinary records, wage data, garnishments, benefit plan enrollment and information, occupational health records, leave of absence information, personnel file; and
- Inferences drawn from other personal information which may include a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and
We collect the above categories of Personal Information from the following sources:
- From California residents or authorized agents and parties (e.g., from documents that you provide to us related to the services for which you engage us or through information we collect from you as your potential or actual employer);
- Directly and indirectly from your activity on our digital properties (e.g., from submissions through our website portal or website details we collect automatically);
- From third parties that interact with us in connection with services and activities we perform;
We collect and have collected in the past 12 months the above categories of Personal Information for one or more of the following business or commercial purposes:
- To comply with state and federal laws and regulations requiring employers to maintain certain records such as immigration compliance records, personnel files, and wage and hour records.
- To process payroll;
- To maintain commercial insurance policies and coverages, including workers’ compensation insurance and other liability insurance;
- To administer and maintain group health insurance benefits and the Degenkolb profit sharing and 401(k) plan;
- To manage employee performance of their job duties;
- To investigate complaints, grievances, and suspected violations of our policies;
- To evaluate job applicants and candidates for employment or promotions;
- To evaluate, make, and communicate decisions regarding an employee’s employment, including decisions to hire, terminate, promote, demote, transfer, suspend or discipline;
- To communicate with employees regarding employment-related matters such as upcoming benefits enrollment deadlines, action items, and other alerts and notifications;
- To grant employees access to secure our facilities and maintain information on who accessed the facility;
- To prevent unauthorized access to or use of our property, including our information systems, electronic devices, network, and data;
- To implement, monitor, and manage electronic security measures on employee devices that are used to access our networks and systems; and
- To fulfill or meet the reason for which the information was provided. If you provide your personal information to purchase a service, we will use that information to process your request;
- To provide, support, and develop our services;
- As necessary or appropriate to protect the rights, property, or safety of us, our clients, or others;
- To process your requests, purchases, transactions, and payments and prevent transactional fraud;
- To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improve our response;
- To help maintain the safety, security, and integrity of our technology assets;
- For testing, research, analysis, and product development, including to develop and improve our services;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
- As described to you when collecting your personal information or as otherwise set forth in the CCPA and CPRA.
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 notice.
Personal information does not include:
- Publicly available information that is lawfully made available from government records, that a consumer has otherwise made available to the public.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s or CPRA’s scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA) and the Driver’s Privacy Protection Act of 1994.
We retain your data pursuant to our records retention policy.
Disclosure of Personal Information
We disclose the above categories of your Personal Information to third parties for business purposes or as required or permitted by law including with:
- Our subsidiaries
- Service providers;
- Third parties to whom you authorize us, directly or indirectly, to disclose your personal information in connection with our services; and
- Government or regulatory authorities, as required by law.
Sensitive Personal Identification
Sensitive Personal Information (“SPI”) is a subset of PI that requires greater security protections and standards of care in handling. SPI, also known as “special categories of information”, is defined as information that if lost, compromised, or disclosed could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.
We may also collect or process SPI as necessary to enable us to carry out your instructions, manage and operate our business, and comply with our legal and regulatory obligations.
You may also supply us with, or we may receive, the following SPI:
- Username and password;
- Financial, account, or billing information, including tax identification number, social security number, or credit/debit card information;
- Proof of identification, including driver’s license number and passport;
- Diversity or demographic information, including race or ethnicity, gender or gender identity, veteran or disability status, or sexual preference;
- Information we have contractually agreed to manage under heightened confidentiality and security protocols, such as health and financial information;
- Information required to conduct background checks;
We collect SPI on the basis of one or more of the following:
- You have given explicit consent to the collection for one or more specified purposes;
- Where the collection of SPI is manifestly made public by you; and/or
- Where necessary to comply with our legal obligations.
Sale of Personal Information
In the preceding 12 months, we have not sold or otherwise disclosed to a third party for monetary or other valuable consideration any Personal Information subject to the CCPA or CPRA.
Information for Parents or Guardians
We do not knowingly collect or maintain information about children under the age of 16, unless that information is provided by a parent, legal guardian, or authorized adult. We do not sell information about children under the age of 16.
Your Rights Under the CCPA and CPRA
As a California resident, you have the right to request that we disclose certain information about our collection and use of your personal information over the past twelve months including:
- The categories of Personal Information we have collected about you;
- The categories of sources from which we have collected Personal Information about you;
- The business or commercial purpose for collecting that Personal Information;
- The business purpose for disclosing that Personal Information to third parties;
- The categories of third parties with whom we have shared or share that Personal Information;
- The categories of Personal Information we have disclosed or shared with a third party for a business purpose; and
- The specific pieces of Personal Information we have collected about
Right to Request Deletion of Personal Information
You have the right to request that we delete any of the Personal Information we collected from you and retained, subject to certain exceptions. We limit the Personal Information that we collect from you and only collect Personal Information from you for business or commercial purposes. Degenkolb is providing the following methods to request deletion to comply with the CCPA and CPRA. However, please keep in mind that Degenkolb is not required to honor your request for deletion if the Personal Information is needed for a business purpose or to comply with a legal obligation.
We will not discriminate against you for exercising any of your CCPA or CPRA rights. Unless permitted by the CCPA or CPRA, we will not:
- Deny you services.
- Provide you with a different level of service.
- Discriminate in making employment decisions.
Exercising Your Rights
If you are a California resident, you can submit a request to us by:
- Emailing us: dataprivacyrequests@Degenkolb.com
- Calling us: 1-800-371-0714
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 only make a verifiable consumer request twice within a 12-month period.
For a verifiable consumer request, you must be able to:
- Describe your request with sufficient detail to allow us to properly understand, evaluate, and respond; and
- Provide sufficient information to allow us to reasonably verify you are the California resident about whom we collected Personal Information or an authorized representative of such resident. The information you provide must include:
- Confirmation of California residency;
- Full name;
- Email address; and
- Other information that authenticates you (if a customer) or verifies you (if non-customer or authorized party).
We cannot respond to your request or provide you with personal information if we cannot verify your identity or confirm that the personal information relates to you. Submitting a verifiable consumer request does not require you to create an account with us.
Response Time and Method
We endeavor to respond to a verifiable consumer request within 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. We will deliver our written response by mail or electronically (provided we can do so securely) at your direction. 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.
Further, we will not provide Personal Information, such as a Social Security number or any other specific pieces of Personal Information, if the disclosure could result in unauthorized access, causing fraud or other security risks. We will only use the personal information you provide to verify your identity or the identity of the individual on whose behalf you are making the request.
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.
Questions and/or to Submit Requests for Information, Deletion, or Correction
If you have questions or are submitting a request for information, deletion, or correction, please contact us by:
Changes to Our CCPA and CPRA Disclosures
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this disclosure, we will post the updated disclosure on this page.