PRIVACY NOTICE FOR CALIFORNIA CONSUMERS

LAST MODIFIED: July 7, 2023

Shield Management Group, LLC, its parent company and its affiliated entities and brands (“Company” or “we” or “us”) provide this Privacy Notice for California Consumers (“Privacy Notice for California Consumers”) as a supplement to the information contained in Company’s Privacy Policy, and applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this Privacy Notice for California Consumers to comply with the California Consumer Privacy Act of 2018, the California Privacy Rights Act of 2020 effective January 1, 2023, and the rules and regulations promulgated thereunder (collectively, the “CCPA”), and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Privacy Notice for California Consumers.

This Privacy Notice for California Consumers applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA. If you are an employee, employee applicant, or contractor, please refer to the Privacy Notice for California Workers provided by the Company. 

1. Information We Collect

We may collect information from you in a variety of different situations, including, but not limited to on our website, your mobile device, through e-mail, in physical locations, through the mail, and/or over the telephone, that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer, household, or device. 

“Personal Information” refers to any information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household.

“Sensitive Personal Information” includes social security number, passport number, financial account credentials, precise geolocation, racial, ethnic, or religious information, personal communications, and genetic data. 

Personal Information and Sensitive Personal Information does not include:

• Publicly Available Information (as defined under the CCPA).
• Deidentified or aggregated consumer information. 
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), clinical trial data, or other qualifying research data; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of Personal Information and Sensitive Personal Information from Consumers within the last twelve (12) months:

We obtain the categories of Personal Information and Sensitive Personal Information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete on our website, or services we provide you.
• Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website, among other things. 
• Third parties. For example, we may receive information about you from our affiliates or other third parties we work with to provide you with our products and services.

We retain your Personal Information and Sensitive Personal Information for as long as reasonably required to achieve the purpose for which it was collected, and as required to comply with our legal obligations under California or Federal law. We base our criteria for determining appropriate retention periods on regulatory and legal requirements, contractual requirements, business needs, and your expectations.

2. Use of Personal information and Sensitive Personal Information

We may use, or disclose to third parties, the Personal Information and Sensitive Personal Information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the Personal Information and Sensitive Personal Information was provided to us by you. For example, if you share your name and contact information to request a price or ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information and Sensitive Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide you with notices or announcements concerning our business operations, products, opportunities, or policies that may be relevant and/or of interest to you.
• To provide, support, personalize, and develop our website, services, and products. 
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via e-mail or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our business processes, websites, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or government regulations.
• To maintain and protect the rights, property, security, and safety of you, consumers, clients, and others, as well as our facilities, premises, and other property.
• To support information technology services and detect and protect against security incidents and malicious, deceptive, fraudulent, or illegal activity, or violations of Company policies or the law.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information and Sensitive Personal Information held by us is among the assets transferred.
• As otherwise described to you when collecting your Personal Information and Sensitive Personal Information or as otherwise set forth in the CCPA.

We will not collect additional categories of Personal Information and Sensitive Personal Information or use the Personal Information and Sensitive Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

3. DISCLOSING PERSONAL INFORMATION 

We may disclose your Personal Information and Sensitive Personal Information to a third party for business purposes. When we disclose Personal Information and Sensitive Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information and Sensitive Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information and Sensitive Personal Information with the following categories of third parties: 

• Service providers.
• Third parties to whom you or your agents authorize us to disclose your Personal Information and Sensitive Personal Information in connection with services we provide to you.
• Professional advisers, including law firms, accountants, auditors, and tax authorities. 
• Affiliates, including parent or subsidiary organizations.

In the preceding twelve (12) months, we have disclosed the following categories (corresponding with the table above) of Personal Information and Sensitive Personal Information for a business purpose: Category A, Category B, Category C, Category D, Category F, Category G, Category I, Category K. 

4. NO SALES OR Sharing OF PERSONAL INFORMATION and sensitive personal information

In the preceding twelve (12) months, we have not “sold” or “shared” any Personal Information or Sensitive Personal Information as defined under the CCPA.

5. Your Rights and Choices

The CCPA provides Consumers who are California residents with specific rights regarding their Personal Information and Sensitive Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability 

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information and Sensitive Personal Information over the past twelve (12) months (the “right to know”), unless responding to the request is impossible or involves disproportionate effort. Once we receive and confirm your verifiable request, we will disclose to you:

• The categories of Personal Information and Sensitive Personal Information we collected about you.
• The categories of sources for the Personal Information and Sensitive Personal Information we collected about you.
• Our business or commercial purpose for collecting, using and/or disclosing that Personal Information and Sensitive Personal Information. 
• The categories of third parties with whom we share, sell, or disclose that Personal Information and Sensitive Personal Information.
• The specific pieces of Personal Information and Sensitive Personal Information we collected about you (also called a data portability request).
• If we disclosed your Personal Information and Sensitive Personal Information for a business purpose, a list of those disclosures, identifying the Personal Information and Sensitive Personal Information categories that each category of recipient obtained.
• Whether your information is sold or shared.
• The retention period or criteria used for retention for each category for Personal Information and Sensitive Personal Information.

Right to Delete or Correct

You have the right to request that we delete any of your Personal Information and Sensitive Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive and confirm your verifiable request, we will delete or de-identify (and direct our service providers to delete or de-identify) your Personal Information and Sensitive Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the Personal Information and Sensitive Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of the Consumer’s Personal Information and Sensitive Personal Information is reasonably necessary and proportionate for those purposes.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• 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.
• Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 

In addition, you have the right to request that we correct any inaccurate Personal Information and Sensitive Personal Information about you that we collected (the “right to correct”). When applicable, once we receive and confirm your verifiable consumer request, we will use commercially reasonable efforts to correct (and direct our service providers to correct) your Personal Information and Sensitive Personal Information, unless any lawful exception applies. 

Exercising Your Rights to Know, Data Portability, Delete or Correct

To exercise your rights to know or delete described above, please submit a request either by:

• Calling us at 1 (844) 922-2873;
• Emailing us at privacy@wcc.com and including “California Consumer Request to Know or Delete” in the subject line; or
• Submitting a CCPA Request Form. Please include the information listed on the form to confirm your identity.

Only you, or someone you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information and Sensitive Personal Information. To designate an authorized agent, we will require written proof of your signed permission designating such an agent. In some cases, we may ask you to verify your identity directly with us or directly confirm that you provided the agent permission to submit the request on your behalf. 

You may only submit a verifiable consumer request to know twice within a twelve (12) month period. Each verifiable consumer request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information and/or Sensitive Personal Information or an authorized representative, which may include using the CCPA Request Form. You must provide at least two data points that we can match with the personal information we have collected about you.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your (or your agent’s) request or provide you or your agent with Personal Information and Sensitive Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information and Sensitive Personal Information relates to you. We will only use Personal Information or Sensitive Personal Information provided in a verifiable consumer request to confirm the requestor’s identity or authority to make the request.

You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through any password protected account, if available, sufficiently verified when the request relates to Personal Information and Sensitive Personal Information associated with that specific account.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the ten (10) business day timeframe, please send us a follow-up e-mail at privacy@wcc.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing. 

If we offer consumer accounts and you have an account with us, we will deliver our written response to that account. If we do not offer consumer accounts, or 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 twelve (12) month period preceding our receipt of the verifiable consumer 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 Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

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.

Personal Information and Sensitive Personal Information Sharing and Sales Opt-Out and Opt-In Rights

We do not sell or share any Personal Information or Sensitive Personal Information as defined under the CCPA.  

Right to Limit Sensitive Personal Information Use

To the extent we collect, use, and disclose Sensitive Personal Information, we will limit our use of such information only to that which is necessary for providing access to our Website or its features, and for services, and not for the purpose of inferring characteristics about individuals. 

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 offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for those that voluntarily provide us with certain Personal Information, such as identifiers (like your name and e-mail address) or commercial information (like your purchase history). Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’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 by contacting us at privacy@wcc.com.

6. OTHER CALIFORNIA PRIVACY RIGHTS

The Company does not generally engage third parties for direct marketing purposes. However, we provide notice here of California’s “Shine the Light” law (Civil Code Section § 1798.83) permits consumers that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an e-mail with the subject “Shine the Light Law Request” via privacy@wcc.com.

7. Changes to our Privacy Notice for california CONSUMERs

We reserve the right to amend this Privacy Notice for California Consumers at our discretion and at any time. When we make changes to this Privacy Notice for California Consumers, we will post the updated notice on the website and update the notice’s effective date. You should review this Privacy Notice for California Consumers periodically to keep up to date on our most current policies and practices. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

8. Contact Information

If you have any questions or comments about this Privacy Notice for California Consumers, the ways in which Company collects and uses your information described here and in the Privacy Policy your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@wcc.com 

Phone: (844) 922-2873

If you need to access this Privacy Notice for California Consumers in an alternative format due to having a disability, please send us an e-mail at privacy@wcc.com.