Privacy Notice - California Residents
Effective date: January 01, 2020
Last reviewed on: December 31, 2019
Personal 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 or device (“personal information”). In particular, we have collected the following categories of personal information marked “YES” from consumers within the last twelve (12) months:
|Category||Examples||Collected||Business or Commercial Purpose of Collection||Categories of third parties
with whom DEFENDERS shares personal information
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address,account name, social security number, driver's license number, passportnumber, or other similar identifiers.||YES||Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|B. Personal information described in the California Customer Records statute (Cal. Civil 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 policynumber, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Personal information included in this category (1) does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records, and (2) may overlap with other categories.
|YES||Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|C. Characteristics of protected classifications under California or federal law||Race, color, religion (includes religious dress and grooming practices), sex/gender (includes pregnancy, childbirth, breastfeeding and/ or related medical conditions), gender identity, gender expression, sexual orientation, marital status, medical condition (genetic characteristics, cancer or a record or history of cancer), military or veteran status, national origin (includes language use and possession of a driver’s license issued to persons unable to provide their presence in the United State is authorized under federal law), ancestry, disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics), genetic information, request for family care leave, request for leave for an employee’s own serious health condition, request for Pregnancy Disability Leave, retaliation for reporting patient abuse in tax-supported institutions, age (over 40)||YES||Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES||Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|E. Biometric information||Physiological, biological, or behavioral characteristics, including deoxyribonucleic acid (DNA), which can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Includes, but is not limited to, imagery of the 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, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.||NO|
|F. Internet or other electronic network activity information||Browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.||YES||Auditing Interactions with Consumers; Security; Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|G. Geolocation data||Finding, determining and providing the exact physical location and/or movement of a computer, networking device or equipment.||NO|
|H. Audio, electronic, visual, thermal, olfactory, or similar information||Electronic recording of customer or prospective customer calls.||YES||Auditing Interactions with Consumers; Security; Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
|I. Professional or employment-related information||Current and prior job and salary history or performance evaluations.||NO|
|J. Education information that is not publicly available personally identifiable information as defined in 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 any other category of personal information||Deriving information, data, assumptions, or conclusions from facts, evidence, or another source of information or data to create a profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES||Marketing; Performing Services||ADT and entities that may engage in marketing activities based on your preferences|
Personal information does not include:
- Publicly available information, which for purposes of the CCPA:
- means information that is lawfully made available from federal, state or local government records.
- does not mean biometric information collected by a business about a consumer without the consumer’s knowledge.
- does not include data used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained.
- does not include consumer information that is de-identified or aggregate consumer information.
- Information excluded from the CCPA's scope, like:
- Medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); and information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects.
- Personal information covered by certain sector-specific privacy laws, including the federal Fair Credit Reporting Act (FCRA), the federal Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994 (DPPA).
How we Collect Personal Information
We obtain the personal information listed above from the following sources:
- Directly from our customers and prospective customers. For example, from information that our customers and prospective customers provide when inquiring about our products and/or services, like a professionally-monitored security system.
- Indirectly from our customers and prospective customers. For example, through information we collect from our customers in the course of providing equipment and services to them, and information we collect from prospective customers from third parties.
- Directly and indirectly from activity on our website (www.protectyourhome.com). For example, from submissions through our website portal or website usage details collected automatically.
- From third-parties that interact with us in connection with the services we perform. For example, from business partners when we market the availability of a professionally-monitored security system.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:
- Maintaining and servicing accounts.
- Providing customer service.
- Processing or fulfilling orders and transactions.
- Verifying customer information.
- Processing payments.
- Assessing eligibility for financing.
- Providing advertising and marketing services.
- Providing analytic services.
- Providing other services on behalf of our business or a service provider, such as billing and collections.
- Other operational purposes described to you when we collect your personal information or as otherwise set forth in the CCPA.
We will also use your personal information where reasonably necessary and proportionate to achieve the operational purpose for which that personal information was collected or processed, or for another operational purpose that is compatible with the context in which your personal information was collected. We will not collect additional categories of personal information or use the personal information we collect for additional purposes without providing you with appropriate notice.
Sharing Personal Information
We may disclose your personal information to a third party 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.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: Personal information described in the California Customer Records statute (Cal. Civil Code §1798.80(e))
Category C: Characteristics of protected classifications under California or federal law
Category D: Commercial information
Category F: Internet or other electronic network activity information
Category H: Audio, electronic, visual, thermal, olfactory, or similar information
Category K: Inferences drawn from any other category of personal information
We disclose your personal information for a business purpose to the following categories of other businesses or third parties:
- Our affiliates.
- Service providers.
- ADT and entities that may engage in marketing activities based on your preferences.
- Third parties to whom you authorize us to disclose your personal information in connection with the products or services we provide to you.
Your Rights Under the CCPA
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, use, disclosure, and sale of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources from which the personal information was collected.
- Our business or commercial purpose for collecting or selling 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 or commercial purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business or commercial purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collect from you and/or maintain, subject to certain exceptions as stated below. Once we receive and confirm your verifiable consumer request, we will delete (and direct any of 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 providers to maintain your personal information in order to:
- Complete the transaction for which your personal information was collected, 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.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their rights of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with §1546) of Title 12 of Part 2 of the California Penal Code.
- 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use your personal information internally, in a lawful manner that is compatible with the context in which you provided the information.
If we delete any of your personal information through our established business processes for deidentification, we will make no attempt to reidentify that information.
Right to Opt-Out
In the preceding twelve (12) months, we have sold the following categories of personal information for a business purpose:
- Category A: Identifiers.
- Category B: Personal information described in the California Customer Records statute (Cal. Civil Code §1798.80(e))
- Category C: Characteristics of protected classifications under California or federal law
- Category D: Commercial information
- Category F: Internet or other electronic network activity information
- Category H: Audio, electronic, visual, thermal, olfactory, or similar information
- Category K: Inferences drawn from any other category of personal information
You have the right to direct us not to sell your personal information to third parties. Any personal information about you that we sell to a third party cannot be sold by that third party unless you have received explicit notice and are provided with an opportunity to opt-out of the sale of your personal information.
You (or your authorized representative) may submit your request to opt-out by using this online form: https://www.protectyourhome.com/CaliforniaPrivacy.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, deletion and opt-out rights described above, please submit a verifiable consumer request to us by either:
Only you or a person registered with the California Secretary of State that you authorize 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.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This includes your or the consumer’s:
- Current Mailing Address
- Alternate Phone
- Alternate Mailing Address
- Other personal information about you maintained by us.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Generally, we will not request additional information from you for purposes of verification. If, however, we cannot verify you identity from the information already maintained by us, we may request additional information from you, which shall only be used for the purposes of verifying you identity and seeking to exercise you rights under the CCPA, and for security or fraud-prevention purposes. We will delete any new personal information collected for the purposes of verification as soon as practical after processing your request, except as required to comply with the CCPA.
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. Making a verifiable consumer request does not require you to create an account with us. We may require authentication that is reasonable in light of the nature of the personal information requested, and will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Use of an Authorized Agent
If you use an authorized agent to submit a request to know or a request to delete, we may require that you provide the authorized agent written permission, and require the authorized agent to verify its own identity with us.
A power of attorney to your authorized agent is an acceptable form of authorization.
We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
How we Verify your Request
When you submit a request to delete, or a request to know, we verify your request by taking the following steps:
- We may match the information you provided in your request with the personal information of the consumer already maintained by us; or
- We may use a third-party identity verification service that complies with the CCPA;
When verifying a request, we consider the following factors:
- The type, sensitivity, and value of the personal information collected and maintained about you;
- The risk of harm to you posed by any unauthorized access or deletion;
- The likelihood that fraudulent or malicious actors would seek the personal information;
- Whether the personal information to be provided by you to verify your identity is sufficiently robust to protect against fraudulent requests or being spoofed or fabricated;
- The manner in which we interact with you; and
- The technology available for verification.
When you request to know categories of personal information, we verify your identity to a reasonable degree of certainty.
When you request to delete, we verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the personal information and the risk of harm to you posed by unauthorized deletion.
In all cases, we verify by matching the identifying information provided with the request to the personal information of the consumer already maintained by DEFENDERS.
Response Timing and Format
Upon receiving a request to know or a request to delete, we will confirm receipt of the request within 10 days and provide information about how we will process the request.
We strive to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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 the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For these 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.
We will not discriminate against you for exercising any of your rights under the CCPA. For example, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please know that we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to you by your personal information.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice (which will be updated at least once every 12 months), we will notify you through a notice on our website’s homepage: https://www.protectyourhome.com/CaliforniaPrivacy.
Phone: (888) 905-0314
Postal Address: DEFENDERS, Inc. d/b/a Protect Your Home Attn: General Counsel 3750 Priority Way South Drive Indianapolis, IN 46240