CALIFORNIA CONSUMER PRIVACY ACT NOTICE FOR CALIFORNIA RESIDENTS
Last Revised on January 1, 2020
Why We Are Providing This Notice to You
We are providing this notice to inform California consumers about how we collect, use, and disclose personal information and about the rights California consumers have regarding their personal information. This notice only applies to visitors, users, and others who reside in the State of California (“consumers” or “you”). We are providing this notice to you in compliance with the California Consumer Privacy Act of 2018 (the “CCPA”). If terms used in this notice are defined in the CCPA, they have the same meaning here as they do in the CCPA.
Please note that this notice is in addition to, but does not replace, the information contained in the PRIVACY NOTICE of Atchison Account Management, LLC (collectively, “we,” “us,” or “our”). You should read both documents carefully and understand them.
This Notice Does Not Apply to Everyone or to All Types of Information
The CCPA applies to certain information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”).
Under the CCPA, Personal Information does not include publicly available information from government records or certain de-identified or aggregated consumer information. In addition, the CCPA does not apply at all to some specific types of information, like (1) 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”), or clinical trial data; or (2) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”), the California Financial Information Privacy Act (“FIPA”), and the Driver's Privacy Protection Act of 1994. Accordingly, this notice does not apply to these types of information.
We only knowingly collect information that is subject to the GLBA or which otherwise is not included in the CCPA’s definition of Personal Information. Therefore, we do not knowingly collect any Personal Information that is subject to the CCPA. This notice is therefore only applicable in the unlikely event we have collected information subject to the CCPA. For information on how we collect and use information subject to the GLBA, please see our PRIVACY NOTICE.
This notice also does not apply to consumers who do not reside in the State of California.
This notice also does not apply to any of our job applicants, employment candidates, employees, directors, officers, members, owners, or contractors (collectively “Employment-related Persons”).
Information We Collect
We only knowingly collect information that is covered by the GLBA and, therefore, exempt from the CCPA, or information that is otherwise not included in the CCPA’s definition of Personal Information. In the unlikely event we collected any Personal Information about you in the preceding 12 months that is not exempt from the CCPA, such information would be included in the following categories. PLEASE NOTE: Although we may have inadvertently collected Personal Information from these categories to the extent described below, we would not necessarily have collected all of the specific pieces of Personal Information described within a particular category of Personal Information, or any of them, for any individual consumer:
|Category||Specific Pieces of Personal Information in This Category, Per Cal. Civ. Code § 1798.140(o)(1)(A)-K)||Collected?|
|  A. Identifiers||“Identifiers such as 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.”|
|  B. Personal Information categories listed in Cal. Civ. Code § 1798.80(e)||The categories of information listed in section 1798.80 of the California Civil Code including, among other things, name, signature, Social Security number, address, telephone number, driver's license or state identification card 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.|
|  C. Protected classifications under California or federal law||The categories of protected classes under California or federal laws including, among other things, race, color, sex/gender, age, and other classifications protected by law.|
|  D. Commercial information||“Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.”|
|  E. Biometric information||Physical or behavioral human characteristics that can be used to digitally identify a person to grant access to systems, devices, or data.|
|  F. Internet or other electronic network activity||“Internet or other electronic network activity information, including, but not limited to, browsing history, search history, or information on a consumer's interaction with a website, application, or advertisement.”|
|  G. Geolocation data||Information that can be used to identify an electronic device’s physical location.|
|  H. Audio, electronic, visual, thermal, olfactory, or similar information||“Audio, electronic, visual, thermal, olfactory, or similar information.”|
|  I. Professional or employment-related information||Information such as current or past job history or performance evaluations.|
|  J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 232g, 34 C.F.R. Part 99))||Information such as education records directly related to a student maintained by an educational institution or party acting on its behalf.|
|  K. Inferences drawn from other Personal Information||Inferences drawn from any of the above categories to create a profile about the consumer “reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.”|
Sources of Personal Information we Collect
We only knowingly collect information that is covered by the GLBA and, therefore, exempt from the CCPA, or information that is otherwise not included in the CCPA’s definition of Personal Information. In the unlikely event we collected any Personal Information about you in the last 12 months that is not exempt from the CCPA, each of the above-listed categories would have been collected from the following categories of sources:
Use of Personal Information
We only knowingly collect information that is covered by the GLBA and, therefore, exempt from the CCPA, or information that is otherwise not included in the CCPA’s definition of Personal Information. In the unlikely event we collected any Personal Information about you in the last 12 months that is not exempt from the CCPA, we potentially would have disclosed or used Personal Information from each of the above-listed categories for one or more of the following business purposes, if permitted by applicable law:
We will not collect additional categories of Personal Information or use any Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We only knowingly collect information that is covered by the GLBA and, therefore, exempt from the CCPA, or information that is otherwise not included in the CCPA’s definition of Personal Information. In the unlikely event we collected any Personal Information about you that is not exempt from the CCPA, we potentially would have disclosed your Personal Information from each of the above-listed categories to a third party for a business purpose in the last 12 months, if permitted by applicable law. If we disclose 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 confidential and not use it for any purpose except performing the contract.
In the unlikely event we collected any Personal Information about you that is not exempt from the CCPA in the last twelve (12) months, we potentially would have disclosed the following categories of Personal Information for a business purpose:
Category B:Personal Information categories listed in Cal. Civ. Code § 1798.80(e).
Category C:Protected classification characteristics under California or federal law.
Category D:Commercial Information.
Category H:Audio, electronic, visual, thermal, olfactory, or similar information.
Category K:Inferences drawn from other Personal Information.
In the unlikely event we have disclosed any Personal Information about you that is subject to the CCPA, we potentially would have disclosed Personal Information for a business purpose from each of the above-listed categories to the following categories of third parties:
We do not sell any Personal Information, including without limitation any Personal Information of minors under the age of 16 either with or without affirmative authorization. Accordingly, we have not sold any Personal Information in the last 12 months.
Your Rights and How to Exercise Them
The CCPA provides California consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those 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, and confirm that we have Personal Information about you that is applicable under the CCPA, we will disclose the following to you unless the information is exempt from the CCPA:
You have the right to request that we delete any Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request and confirm that we have Personal Information about you that is subject to the CCPA, we will delete (and direct our service providers to delete) your Personal Information from our records unless an exception applies, or the information is exempt from the CCPA.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
You have the right to be free from discrimination for exercising your rights and we will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Visiting our Consumer Privacy Portal online at: www.atchisonaccountmanagement.com
Only you, or a person (either a natural person 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.
If you choose to authorize another person to make a verifiable consumer request on your behalf, we will require that person to provide us with either a copy of a valid power of attorney or written permission from you authorizing them to submit the request on your behalf. Unless your authorized agent provides us with a valid copy of a power of attorney, we will also require them to verify their identity directly with us before we will respond to the 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. Please note that we will require you to provide different information depending upon the specific right(s) you are choosing to exercise. For example:
If you choose to request specific pieces of information in exercising your Right to Know Personal Information, we must verify your identity to a reasonably high degree of certainty. This means we will require you to provide at least three pieces of information that we consider reliable for determining your identity that we can match to information in our database. We will also require you to submit a declaration signed under penalty of perjury confirming that you are the consumer whose Personal Information is subject to the request.
If you request categories of Personal Information and do not request specific pieces of Personal Information, we must verify your identity to a reasonable degree of certainty and will require that you provide at least two pieces of information that we consider reliable for determining your identity that we can match to information in our database.
Making a verifiable consumer request does not require you to create an account with us.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days for a total of 90 days from the date we received your request), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account, at our option. 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 a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, or are not required to comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request, but are permitted to do so if your request 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.
Changes to Our Privacy Notice
We reserve the right to amend this notice at our discretion and at any time. When we make changes to this notice, we will notify you by mail, email, or through a notice on our website homepage, at our option.
Contact for More Information
If you have any questions or comments about this notice, the ways in which we collect and use your Personal Information, 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: (913) 367-4069
By Mail: 104 N. 5th Street, Atchison, KS 66002