Additional Privacy Notice for California Residents
Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) provides consumers (California residents) with specific rights regarding their personal data. If you reside in California, you may exercise the following rights:
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose to you your personal data we have collected about you over the past 12 months from the day of your request. Once we receive and confirm your request, we will disclose to you:
- The categories of personal data we collected about you.
- The categories of sources for the personal data we collected about you.
- Our business and commercial purposes for collecting or selling that personal data.
- The categories of third parties with whom we shared that personal data.
- The specific pieces of personal data we collected about you.
In addition, we will disclose to you:
- A list of disclosures for business purposes, identifying the personal data categories that each category of recipient obtained.
Personal Data Sales
Analytik Jena will not sell any of your personal data.
Deletion Request Rights
You have the right to request that we delete any of personal data that we collected from you and retained, subject to certain Exceptions (as listed below). Once we receive and confirm your request, we will delete your personal data 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 complete the transaction for which we collected the personal data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- To debug products to identify and repair errors that impair existing intended functionality;
- To exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- To comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- To 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;
- To enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- To comply with a legal obligation; or
- To make other internal and lawful uses of that information that are compatible with the context in which you provided it (each an “Exception” and collectively, “Exceptions”).
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may still offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal data’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Personal Data Sales Opt-out and Opt-in Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal data at any time (the “right to opt-out”). We do not sell the personal data of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal data sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us at the information provided below.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal data sales. However, you may opt back in to personal data sales at any time by contacting us at the information provided below.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal data provided in an opt-out request to review and comply with the request.
Exercising Access, Data Portability, and Deletion rights
To exercise your rights described above, please submit a request to us by:
- Calling us at 1-844-910-0730
- Emailing us at legal.us.sc@endress.com
- By mail at Legal Department, 2350 Endress Place, Greenwood, Indiana 46143.
Only you, or someone legally authorized to act on your behalf, may make a request related to your personal data. You may also make a request on behalf of your minor child. We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you.
You may only make a request for access or data portability twice within a 12-month period. The request must:
- provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative; and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will only use personal data provided in a request to verify the requestor’s identity or authority to make the request.
Your Authorized Agent
You have the right to designate an authorized agent to make a request under the CCPA on your behalf. You can appoint a natural person or a business entity registered with the Secretary of State to be your authorized agent.
When you use an authorized agent to submit a request on your behalf, we may require that:
- your authorized agent provides your written permission to act on your behalf; and
- your authorized agent verifies their own identity with us.
The section (b) above does not apply when you have provided your authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465 (Cal. Probate Code §§ 4000 - 4465 et. seq.). We may still deny a request from the authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
Response Timing and Format
- We will confirm that we received your request within ten (10) ten-day and will respond within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
- If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
- Any disclosures we provide will only cover the 12-month period preceding our receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal data that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
- We do not charge a fee to process or respond to your 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.
Shine the Light Law
Under California Civil Code Section 1798.83 (“Shine the Light Law”), users and customers who are residents of California may request certain information about our disclosures of personal data during the prior calendar year to third parties for their direct marketing purposes. We will comply with your request within thirty (30) days or as otherwise required by statute. Please be aware that not all information is covered by “Shine the Light” requirements and only information covered will be included in our response.
Contact Us
If you have questions about this Policy, your rights under the CCPA, Shine the Light, or our practices, please contact us at:
- By email at legal.us.sc@endress.com
- By mail at Legal Department, 2350 Endress Place, Greenwood, Indiana 46143.
- By phone at 1-844-910-0730
This Policy was last updated on March 23, 2020.