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California Consumer Privacy Act Addendum ("Addendum")

Last Revised: February 28, 2022

This Addendum supplements the AmeriMark Privacy Policy as well as any other agreements you have with us, such as the AmeriMark Terms & Conditions.

Introduction

This Addendum applies solely to all visitors, users, and others who reside in the State of California ("Consumers" or "you"). We adopt this 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 Policy.

This Policy does not apply to workforce-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals (see the California Employee Privacy Policy).

Where noted in this Addendum, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication ("B2B Personal Information") from some of its requirements.

Information We Collect

We collect information 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"). Personal Information does not include:



In particular, below are the details regarding the categories of Personal Information we have collected from Consumers within the last twelve (12) months:

Category
Examples1
Collected
A. Identifiers.
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.
YES
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Biometric information.
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
F. Internet or other similar network activity.
Browsing history, search history, information on a Consumer's interaction with a website, application, or advertisement.
YES
G. Geolocation data.
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations.
NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
NO
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
NO

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


Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

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 you notice.

Sharing Personal Information

We may share your Personal Information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, AmeriMark has disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below.


PERSONAL INFORMATION SOURCE PURPOSE THIRD PARTIES
Personal and online identifiers (such as first and last name, email address, phone number, usernames, or unique online identifiers, IDFA, AAID)
  • Directly from you
  • Marketing partners
  • To provide and improve the Services
  • Personalization of the Services
  • Customer support
  • Marketing and targeted advertising
  • Security and fraud prevention
  • Customer service partners
  • Marketing sponsors and partners
  • Ad networks
  • E-Commerce vendors
  • Analytics services
  • Credit processors
  • Retail fulfillment service providers
  • Tax processors
  • Data brokers
  • Affiliate companies
  • Shipping service providers
  • Professional service providers, e.g., legal and accounting
  • Financial Account Information (such as credit card numbers, bank account information, PayPal account information)
    • Directly from you
    • Payment providers
    • E-Commerce vendors
    • To provide the Services
    • To sell you merchandise or content
    • E-Commerce vendors
    • Payment providers
    • Fraud and cybersecurity companies
    Customer Profile Information (such as race, gender, age range, income range, ad demographics)
    • Directly from you
    • Marketing partners
    • Advertising networks
    • Third party data providers
    • To provide and improve the Services
    • Personalization of the Services
    • Direct marketing
    • Targeted advertising
    • Analytics
    • Research and development
    • Security and fraud prevention
    • Analytics services
    • Ad networks
    • Technology service Providers
    • Marketing sponsors and partners
    • Affiliate companies
    Transactional Information
    • Directly from you
    • E-Commerce vendors
    • To provide and improve the Services
    • Customer support
    • Analytics
    • Research and Development
    • Analytics services
    • Technology service providers
    • E-Commerce vendors
    • Credit processor
    • Retail fulfillment service providers
    • Tax processors
    • Data brokers
    Communications with you (such as customer support messages, emails, social media posts)
    • Directly from You
    • Customer support partners
    • To provide and improve the Services
    • Customer support
    • Analytics services
    • Technology service Providers
    • E-Commerce vendors
    • Customer support vendors
    Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement)
    • Directly from You
    • Cookies and similar technologies
    • Marketing partners
    • Advertising networks
    • Third party data providers
    • To provide and improve the Services
    • Personalization of the Services
    • Direct marketing
    • Targeted advertising
    • Technology service providers
    • Analytics services
    • Ad networks
    • Data brokers
    Non-Precise Geolocation Information (such as zip or area code, state, country)
    • Directly from you
    • Cookies and similar technologies
    • Marketing sponsors
    • Technology service providers
    • Ad networks
    • To provide and improve the Services to you
    • Personalization of the Services
    • Fraud and cybersecurity
    • Direct marketing
    • Targeted advertising
    • Ad networks
    • Technology service providers
    • Marketing sponsors
    Precise Geolocation Information (such as home or billing address or latitude and longitude)
    • Directly from You
    • E-Commerce vendors
    • To provide you the services
    • Fraud and cybersecurity
    • Technology service providers
    • E-Commerce vendors
    • Fraud and cybersecurity companies
    • Analytics service providers
    • Data brokers
    Inferences drawn from the above information about your predicted characteristics and preferences
    • Third party data providers
    • Marketing sponsors
    • To provide and improve the Services
    • Personalization of the Services
    • Direct marketing
    • Targeted advertising
    • Analytics
    • Ad networks
    • Marketing sponsors
    • Technology service providers
    • Analytics companies
    Other information about you that is linked to the personal information above
    • Directly from you
    • Third party data providers
    • Marketing sponsors.
    • To Provide and Improve the Services
    • Personalization of the Services
    • Ad networks
    • Marketing sponsors
    • Technology service providers

    We may also share your Personal Information by selling it to third parties, subject to your right to opt-out of those sales. Our Personal Information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, AmeriMark has sold the following categories of Personal Information to the categories of third parties indicated in the chart below. For more on your Personal Information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.


    Category Sold Third Parties
    A. Identifiers. YES   Data brokers
    B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). YES Data brokers
    C. Protected classification characteristics under California or federal law. NO N/A
    D. Commercial information. YES Data brokers
    E. Biometric information. NO N/A
    F. Internet or other similar network activity. NO N/A
    G. Geolocation data. NO N/A
    H. Sensory data. NO N/A
    I. Professional or employment-related information. NO N/A
    J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   NO N/A
    K. Inferences drawn from other personal information. NO N/A

    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.

    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 over the past 12 months (the "Right to Know"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:



    We do not provide a right to know or data portability disclosure for B2B Personal Information.

    Right to Delete

    You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the "Right to Delete"). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    1. 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.
    2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    3. Debug products to identify and repair errors that impair existing intended functionality.
    4. Exercise free speech, ensure the right of another Consumer to exercise their free speech rights, or exercise another right provided for by law.
    5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    6. 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.
    7. Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
    8. Comply with a legal obligation.
    9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

    We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

    We do not provide these deletion rights for B2B Personal Information.

    Exercising Your Rights to Know or Delete

    To exercise your Right to Know or Right to Delete described above, you may do so online at https://www.amerimark.com/ccpa_update.html, by emailing us at privacy@amerimark.com or by calling us at 1-877-268-9594.

    Only you, or someone legally authorized to act on your behalf, may exercise the Right to Know or Right to Delete related to your Personal Information.

    You may also exercise the Right to Know or Right to Delete on behalf of your child by contacting us at privacy@amerimark.com.

    You may only exercise the Right to Know twice within a 12-month period.

    To exercise the Right to Know or Right to Delete, you must:

    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.

    You do not need to create an account with us to exercise your Right to Know or Right to Delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

    We will only use Personal Information provided in the request to verify the requestor's identity or authority to make it.

    For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

    Response Timing and Format

    We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at privacy@amerimark.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 another 45 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 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.

    Personal Information Sales Opt-Out and Opt-In Rights

    If you are age 16 or older, you have the right to direct us to not sell your Personal Information at any time (the "Right to Opt-Out"). Consumers who opt-in to Personal Information 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 privacy@amerimark.com or by calling us at 1-877-268-9594.

    Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into Personal Information sales at any time by:


    You do not need to create an account with us to exercise your Right to Opt-Out. We will only use Personal Information provided in an opt-out request to review and comply with the request.

    Non-Discrimination

    We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:



    However, we may 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 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.

    Other California Privacy Rights

    California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website 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 an email to privacy@amerimark.com.

    Changes to this Addendum

    We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on this page. When we do, we will revise the "Last Revised" date at the top of this Addendum. Please check back frequently to see any updates or changes to our Addendum. Your continued use of our website at www.timeformecatalog.com 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 AmeriMark collects and uses your information described here and in the AmeriMark 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:



    If you need to access this Addendum in an alternative format due to having a disability, please contact privacy@amerimark.com.