NOTICE TO CALIFORNIA RESIDENTS

Effective Date: January 1, 2023

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information.

Please review this Notice to California Residents (“Notice”) carefully. From time to time, we may change this Notice. If we do, we will post an amended version. You also may receive a copy by contacting us as described in the “How to Contact Us” section below.

 

1.  Scope of Notice

This Notice is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this Notice does not apply to you, and you should not rely on it.

If you are a California resident and a current or former employee, job applicant, or independent contractor of ours, please see our California Employee Privacy Policy for more information on our collection and use of your Personal Information in that capacity.

For more information as to our general privacy practices, please see our Privacy Policy.

 

2.  Notice at Collection of Personal Information

Personal Information We Collect

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this Notice we will refer to this information as “Personal Information.”

We currently collect and, in the 12 months prior to the Effective Date of this Notice, have collected the following categories of Personal Information:

  • Identifiers (name, alias, account name, email address, postal address, Social Security number, driver’s license number, other types of state identification card numbers such as California ID Cards, passport number, Internet Protocol address, online identifiers and other similar identifiers)
  • Unique personal identifiers (cookies, beacons, pixel tags, mobile ad identifiers, device identifiers, or other similar technology)
  • Signature
  • Telephone number
  • Physical characteristics or description 
  • Bank account number, credit and debit card number, and other financial information 
  • Internet or other electronic network activity information (browsing history; search history; and information regarding an individual’s interaction with website, application or advertisement)
  • Geolocation data
  • Commercial information (records of personal property, products or services purchased, obtained or considered; other purchasing or consuming histories or tendencies; or other commercial information)
  • Medical information
  • Insurance policy number or subscriber identification number
  • Any unique identifier used by health insurer to identify a California resident
  • Education information
  • Professional or employment-related information (including employment history)
  • Biometric information (imagery of iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted; keystroke patterns or rhythms; gait patterns or rhythms; and sleep, health or exercise data that contain identifying information)
  • Characteristics of protected classifications under California or federal law (including, but not limited to, race, color, sex/gender, age (40 and older), national or ethnic origin, ancestry, union membership, disability (mental and physical), citizenship or immigration status, marital status, medical condition, or military or veteran status)
  • Audio, video, electronic, visual, thermal, olfactory, or similar information that is linked or reasonably linkable to a California resident

Sources of Personal Information

We collect Personal Information directly from you (California residents) and from Caterpillar Inc., business partners or contractors, credit reference agencies, public databases, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks. We do not collect all categories of Personal Information from each source.

Purposes for Collection

In addition to the purposes stated in the Section “How We Use Your Information” in our Privacy Policy, we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
  • Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
  • Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying client information, processing payments, providing financing, providing analytic services, or providing similar services
  • Providing advertising and marketing services, except for cross-context behavioral advertising, to you 
  • Undertaking internal research for technological development and demonstration
  • Advancing our commercial or economic interests, such as by inducing another person to buy, rent, or lease products or goods or enabling or effecting, directly or indirectly, a commercial transaction
     

3.  Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of Personal Information for monetary or other valuable consideration. Although we do not “sell” Personal Information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of Personal Information under California law. This may include showing you advertisements on other websites and providing analytics on our Site. For more information on how we use cookies and other tracking technologies, please see our Cookie Policy.

The following table identifies the categories of Personal Information that we sold or shared to third parties in the 12 months preceding the Effective Date of this Notice and, for each category, the categories of third parties to whom we sold or shared Personal Information:

Category of Personal Information

Categories of Third Parties

Cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; geolocation; information regarding a California resident’s interaction with website, application, or advertisement

Marketing providers, data analytics provider; advertising networks

 

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Effective Date of this Notice and, for each category, the categories of recipients to whom we disclosed Personal Information.

Category of Personal Information

Categories of Recipients

Personal identifiers as disclosed in Section 2

Operating systems and platforms; customer relationship management systems; government or law enforcement entities; data analytics providers; company bankers; security providers; accountants; attorneys; social networks; company insurers; manufacturing partners, consultants and other professional advisors; cloud data storage providers; software providers; email providers; shipping providers; business partners

Commercial information as disclosed in Section 2

Original equipment manufacturers; shipping providers; business partners

Insurance information as disclosed in Section 2

Company insurers; attorneys; business partners

Financial information as disclosed in Section 2

Support service providers (e.g., credit card processing, customer service)

 

We disclosed Personal Information to the above categories of recipients for all of the business or commercial purposes identified in the above “Purposes for Collection” section. 

We do not knowingly collect, sell, or share the Personal Information of minors under 16 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals or use sensitive personal information for purposes other than those allowed by the CCPA and its regulations.

 

4.      Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

5.      Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

(1) The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
(2)    The right to delete Personal Information that we collected from you, subject to certain exceptions;
(3)    The right to correct inaccurate Personal Information that we maintain about you;
(4)    If we sell or share Personal Information, the right to opt-out of the sale or sharing;
(5)    If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
(6)    The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers. 


6.  How to Submit a Request to Know, Delete, and/or Correct

To submit a request to know, delete, and/or correct your Personal Information, please contact us at 1725 South Country Club Drive, Mesa, AZ 85210, Attn: Legal Department; by email at legal@empire-cat.com; or by calling us toll free at 888-381-2272.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

7.      Our Process for Verifying a Request to Know, or Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable.

For requests to access categories of Personal Information and for requests to delete or correct Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete or correct Personal Information that is sensitive and poses a risk of harm by unauthorized deletion or correction, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you must submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

8.      Right to Opt-Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information. You may submit a request to opt-out of sales or sharing by emailing us at legal@empire-cat.com or calling us toll free at 888-381-2272.

9.      Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
 

10.  Accessibility

We are committed to ensuring this Notice is accessible to individuals with disabilities. If you wish to access this Notice in an alternative format, please contact us as described below.
 

11.  How to Contact Us

To contact us with questions or concerns about this Notice or our privacy practices, please email us at legal@empire-cat.com.