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California Notice: Disclosures for California Residents

Last Updated: 17th February 2024

CALIFORNIA NOTICE: DISCLOSURES FOR CALIFORNIA RESIDENTS
This privacy policy for California residents (the “CA Privacy Notice”) supplements the information contained in the Incitec Pivot Limited (“IPL,” “we,” “us” or “our”) Privacy Policy (“Privacy Policy”) and applies solely to all visitors, users, and others who are within the scope of the Privacy Policy and who reside in the State of California (“consumers” or “you”). We adopt this CA Privacy Notice to comply with applicable California law, including the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this CA Privacy Notice. Any other capitalized but undefined terms shall have the meanings set forth in the Privacy Policy.

Please note that as used in this CA Privacy Notice “Personal Information” means 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 does not include deidentified or aggregated consumer information, publicly available information from government records, or information outside of the CCPA’s scope.


Use the links below to toggle to each section. 
Contents
1. Collection and Use of Personal Information
2. Disclosure of Information For a Business Purpose.
3. Sale or Sharing of Information for Targeted Advertising
4. Rights and Choices of California Residents
5. Exercising Your Rights
6. Non-Discrimination
7. Other California Privacy Rights
8. Changes to our CA Privacy Notice
9. Contact Information

 

1. Collection and Use of Personal Information. 

We have collected the following categories of Personal Information from our consumers within the last 12 months and will continue to collect such information in the future:

Description of Category What We Collect Source Business or Commercial Purposes for Collection
Identifiers 
(“Identity Data”)		 A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers. Automatically from You; Indirectly from You; and Directly from You. To optimize our website; and to analyze our website audience and usage
Personal information categories listed in the California Records statute 
(Cal. Civ. Code § 1798.80(e)) (“Customer Records Data”).		 A name, signature, physical characteristics or description, address, or telephone number.) Directly from You. To communicate with you;  to provide customer service, such as filing a complaint; and  to receive information on our products or service.
Internet or other similar network activity (“Internet Use Data”) Browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement. Automatically from You; or Indirectly from You. To optimize our website; and to analyze our website audience and usage.
Sensory data (“Sensory Data”) Audio, electronic, visual, or similar information. Indirectly from You. To provide security to our facilities and community.

Source Explanation
Directly from You. For example, from the forms you complete on our website or offline, or preferences you express or provide through our website or offline.

Indirectly from You. For example, from observing your activity on our website.

Automatically from You. For example, through cookies we or our service providers set on your device as you navigate through our website.

From Service Providers. For example, third-party vendors to monitor and analyze the use of our website, or other third-party vendors that we use to provide the website to you.


In addition to the business or commercial purposes for collection described above, we have in the preceding 12 months collected all categories of Personal Information described above for the following purposes:

  • To process your requests, purchases, payments, and transactions and to 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 create, maintain, customize, and secure your account with us.
  • For testing, research, analysis, and product development, including to develop and improve our websites and our products and services.
  • To provide, support, personalize, and develop our websites and our products and services.
  • To help maintain the safety, security, and integrity of our websites and our products, services, databases, other technology assets, and business.

 

We may also use or disclose the Personal Information we collect for one or more of the following purposes:

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of IPL’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by IPL is among the assets transferred.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible parties without providing you notice.
The length of time we retain your Personal Information is based on the purposes for which we collected it. Thereafter we will take reasonable steps to securely destroy or de-identified personal information when it is no longer required for the purposes for which we collected it or for legal requirements. 


2. Disclosure of Information For a Business Purpose.

In the preceding 12 months, IPL has disclosed the following categories of Personal Information for a business purpose:

  • Identity Data;
  • Customer Records Data;
  • Internet Use Data; and
  • Sensory Data. 

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Service Providers. 


3. Sale or Sharing of Information for Targeted Advertising. 

Our use of tracking technology, including cookies and related technology, may be considered a sale/sharing under the CCPA.

The categories of Personal Information disclosed that may be considered a sale/sharing include: Identity Data Internet Use Data, Device Information and Other Unique Identifiers, and Internet or Other Network Activity.

The categories of third parties to whom Personal Information was disclosed that may be considered a sale/sharing include: data analytics providers, and social media networks.


4. Rights and Choices of California Residents. 

The CCPA also provides California residents with specific rights regarding their Personal Data.  This section describes the rights of California residents under the CCPA and explains how to exercise those rights.  Certain requirements must be met for a California resident to exercise their rights, see Exercising Your Rights below for more information on what requirements must be met and how to exercise said rights.

a. Opt-Out Rights.

i. SALE/SHARE OF YOUR INFORMATION.

Our use of your Personal Information may be considered a sale/sharing under CCPA.  If you would like to opt out of the sale/sharing of your Personal Information you may click “Do Not Sell Or Share My Personal Information” or you may send a request to us using our “Contact Information” set forth in this CA Privacy Notice.

b. ACCESS RIGHTS.

You have the right to request that IPL disclose certain information to you about our collection and use of your Personal Information over the past 12 months, including:

  • 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 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 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.

Once we receive and confirm your consumer request, we will provide you with the requested information. See Exercising Your Rights for more information.

c. DATA CORRECTION RIGHTS.

You have the right to request that IPL correct inaccurate Personal Information that we collected from you and retained, taking into account the nature of the Personal Information and the purposes of processing the Personal Information.  Once we receive and confirm your consumer request (see Exercising Your Rights for more information), we will use commercially reasonable efforts to correct the inaccurate Personal Information (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

d. DELETION RIGHTS.

You have the right to request that IPL delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your consumer request (See Exercising Your Rights for more information), 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:

  • Fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 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.


5. EXERCISING YOUR RIGHTS.

Only you, or someone legally authorized to act on your behalf, may make a “verifiable consumer request” (subsequently referred to as a “consumer request”) related to your Personal Information. You may also make a consumer request on behalf of your minor child.

You may only make a consumer request for access or data portability twice within a 12-month period. To be verifiable, a consumer request must include:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and that you have rights under this policy.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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 consumer request does not require you to create an account with us, but we may require authentication of the consumer that is reasonable in light of the nature of the Personal Information requested.

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

To exercise the rights described above, please submit a verifiable consumer request to us by clicking this link and filling out the form.

a. INITIAL REQUEST FORMAT AND TIMING.

We endeavor to respond to a consumer request within 45 days of its receipt. If we require more time, 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 the consumer request’s receipt. 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 consumer request unless it is excessive 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.

 

6. 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. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

 

7. OTHER CALIFORNIA PRIVACY RIGHTS.

California’s “Shine the Light” law (Civil Code § 1798.83) permits persons 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 e-mail to  marketing@am.esr990.com or write us at: 2795 East Cottonwood Parkway, Suite 500 Salt Lake City, Utah 84121 USA.

8. CHANGES TO OUR CA PRIVACY NOTICE.

From time to time, we may update this CA Privacy Notice. If our information practices materially change at some time in the future, we will post the updated policy to our website to notify you of these changes and/or provide alternative notice to you, and we will only use data collected from the time of the policy change forward for these new or different purposes. In the event we make a material change to how we use your Personal Information, we will provide you with an opportunity to opt out of such new or different use. The date this CA Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing this CA Privacy Notice to check for any updates or changes.

9. CONTACT INFORMATION.

If you have any questions or comments about this policy, the ways in which IPL 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: 

2795 East Cottonwood Parkway, Suite 500
Salt Lake City, Utah 84121 USA
1-800-732-7534
marketing@am.esr990.com