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Privacy Notice for California Residents

Effective Date: 7/1/2020 | Updated: 7/1/2020

Fifth Generation, Inc.’s Privacy Notice for California Residents (the “California Notice”) supplements the information contained in Fifth Generation, Inc.’s (the “Company’s” or “our”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt the California Notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice. In the event that any provisions of the California Notice conflict with other provisions of the Company’s Privacy Policy, the provisions in the California Notice will control.

The California Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. Where noted in the California Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (”B2B personal information”) from some its requirements.

Personal Information Collected by Company and Purposes of Collection

For purposes of the California Notice “personal information” or “PI” means “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.” “PI” includes eleven categories of information (the “PI Categories”): (1) identifiers, (2) other personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), (3) protected classification characteristics under California or federal law, (4) commercial information, (5) internet or other similar network activity, (6) geolocation data, (7) biometric information, (8) sensory data, (9) professional or employment-related information, (10) non-public education information, and (11) inferences drawn from other personal information. As provided by the CCPA, PI does not include publicly available information from government records, deidentified or aggregated consumer information, or certain personal information protected by other sector-specific federal or California statutes.

Company collects PI from PI Categories (1) – (6), (9) & (11)) listed above. As described in more detail below, the Company collects this personal information for a variety of purposes including email communications, website analytics, web store fulfillment, processing of donation requests, events, and customized advertising. The chart below identifies the purposes of collection.

Company will not collect PI from additional PI categories or use the PI collected by the Company for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing of Personal Information

The Company may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the categories of third parties identified in the chart below.

In the preceding twelve (12) months, Company has disclosed personal information for a business purpose as set forth in the chart below. However, in the preceding twelve (12) months, Company has not sold personal information to any third party. Company does not and will not sell personal information.

For each of the PI Categories, the chart below indicates

  • whether the Company has collected the PI Category from its consumers within the last 12 months,
  • the sources for the PI Category collected,
  • the business or commercial purposes for which the PI Category will be used, and
  • the categories of third parties to whom PI within the PI Category has been disclosed in the last 12 months.

Category

Collected

Source of Personal Information (from all categories)

Business or Commercial Purposes for Collecting Personal Information (applies to all categories)

Categories of Third Parties With Whom Shared

1. Identifiers, such as

real name or alias,

postal address,

email address,

unique personal or online identifier,

internet protocol (IP) address,

account name,

Social Security Number (SSN),

driver’s license or passport number, or

other similar identifiers.

Company does not collect all of the above types of identifiers.

YES

Customer-provided information from forms or direct interactions with Company

Customer interactions with Company’s website

Internet cookies

Social media services, like Facebook

Data brokers or resellers

Analytics services (such as Google analytics)

To fulfill or meet the reason the customer provides the information

To process customer requests, purchases, transactions, and payments and prevent transactional fraud

To provide support, personalize, and develop Company’s website, products, services and advertising

To create, maintain, customize and secure customer accounts with Company

To provide customers with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses

To prevent fraud and help maintain the safety, security and integrity of Company’s website, products and services, databases and other technology assets and businesses

To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers through Company’s website, third-party sites, and via email or text messages (with your consent, where required by law)

For testing, research, analysis and product development, including to develop and improve our website, products and services

To respond to law enforcement requests and as required by applicable law, court order or governmental regulations

As described to consumers when collecting their PI or as otherwise set forth in the CCPA

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer in which PI held by Company is among the assets transferred.

Email Marketing Services

Analytics Services

Charitable Donation Requests Services

Contact Us Form Services

Web Store Services

Sweepstakes and Promotions Services

Advertising, Marketing & Media Services

Event Registration Services

Event Photo Booth Services

2. The California Customer Records statute’s personal information categories, which include both the identifiers listed above and

a person’s signature,

state identification card number,

physical characteristics or description,

insurance policy number,

education, employment or employment history,

bank account number, credit card number, debit card number, or any other financial information,

or any other financial, medical or health insurance information.

Company does not collect all of the above types of information.

YES

Web Store Services

Employment Related Services

3. Protected classification characteristics under California or federal law (such as race, national origin, religion, gender, or age (40 years or older)).

Company does not collect all of the above types of information.

YES

Email Marketing Services

Analytics Services

Sweepstakes and Promotions Services

Advertising, Marketing & Media Services

Event Registration Services

Event Photo Booth Services

Government Entities

4. Commercial information (including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

Company does not collect all of the above types of information.

YES

Advertising, Marketing & Media Services

5. Internet or other similar network activity including

browsing history,

search history, or

information regarding a consumer’s interaction with an internet website, application or advertisement

Company does not collect all of the above types of information.

YES

Advertising, Marketing & Media Services

6. Geolocation data (such as physical location or movements)

YES

Advertising, Marketing & Media Services

7. Biometric information including genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as

fingerprints, faceprints, and voiceprints,

iris or retina scans, keystroke, gait, or other physical patterns, and

sleep, health, or exercise data.

NO

N/A

N/A

N/A

8. Sensory data including audio, electronic, visual, thermal, olfactory, or similar information.

NO

N/A

N/A

N/A

9. Professional or employment-related information.

YES

Customer-provided information from forms or direct interactions with Company

Social Media Services, like LinkedIn

Employment Related Services

10. Non-publicly available educational information (as defined under the Family Educational Rights and Privacy Act and related regulations (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

NO

N/A

N/A

N/A

11. Inferences drawn from other personal information to create consumer profiles reflecting:

preferences,

characteristics,

psychological trends,

predispositions,

behavior,

attitudes,

intelligence,

abilities, or

aptitudes.

Company does not collect all of the above types of information.

YES

Same as described for Categories 1-6 & 9

N/A

Advertising, Marketing & Media Services


Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

  • Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (as described below), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or disclosing that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

The above access and data portability rights do not apply to B2B personal information.

  • Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (as described below), we will delete (and direct our service providers to delete) your 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 provider(s) to:

  • Complete the transaction for which we collected the 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;
  • 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; and/or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

The above deletion rights do not apply to B2B personal information.

  • Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, you will need to submit a verifiable consumer request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

The verifiable consumer request must:

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information (or an authorized representative), which may include:
    • For consumers who make requests to know categories of personal information or for deletion, personal information data points that match at least two data points maintained by us.
    • For consumers who make requests for specific pieces of personal information, personal information data points that match at least three data points maintained by us, together with a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

You should submit your verifiable consumer request by either:

Only you, or someone legally authorized 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. To designate an authorized agent you must provide the authorized agent written, signed permission to make the verifiable consumer request on your behalf. Additionally, before we will provide specific pieces of Personal Information to an agent, you must verify your identity directly with us and confirm (directly with us) that you have given the agent permission to submit the request for specific pieces of information. Alternatively, an authorized agent may make a verifiable consumer request based upon a power of attorney pursuant to California Probate Code sections 4000 to 4465. We may deny a request from an agent if these requirements are not met.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

  • Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), 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 possible. 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 your 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.

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.

  • 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. 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.

Changes to the California Notice

We reserve the right to amend Fifth Generation, Inc.’s Privacy Notice for California Residents at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Fifth Generation, Inc. collects and uses your information described in this California Notice and/or 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:

Phone: 1-877-455-8488

Email: [email protected]

Postal Address:

Fifth Generation, Inc.
Attn: Marketing/Privacy
1406 Smith Road, Suite C
Austin, Texas 78721