Nachi America Inc. Privacy Policy for California Residents

Effective Date: July 1, 2023

Last Updated on: July 1, 2023

This Privacy Policy for California Residents (“Policy”) supplements the information contained in Nachi America Inc.’s (“Nachi America”) Privacy Policy (www.nachiamerica.com/privacy-policy/) and 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 California Privacy Rights Act of 2020 (“CPRA”). Any terms defined in the CCPA/CPRA have the same meaning when used in this Policy.

Nachi America also collects and uses personal information for human resources, employment, benefits administration, health and safety, and business-related purposes and to be in legal compliance.

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 employee, job applicant, consumer or household (“Personal Information”). Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope such as:
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Consumers

In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Personal Information Categories

Category of Personal Information	Specific Personal Information that may be collected	Categories of sources from which the Personal Information is collected	Is this category of Personal Information shared with third parties?
Identifiers	Name, mailing address, email address, titles, business name, addresses, social security numbers, date of birth, federal identification numbers, and telephone number; IP address; account information	From you	Yes
Commercial information.	Contact information, transaction/order history, financial details of business, corporate credit card information and payment details, contractual details including goods and services provided	Your transactions with us	Yes
Internet or other similar network activity.	IP address; browser type and version; device details	From you and third-party technologies	Yes

Data Collection Purposes

Nachi America collects and processes personal data about consumers for the following purposes:

• Maintaining and enhancing Nachi America’s products and services.
• Providing products and services and customer management.
• Account management.
• Direct marketing.
• Detecting and preventing fraud.
• Complying with legal obligations.
• Conducting web analytics through the use of Google Ads.

Employees and Job Applicants

Nachi America collects the following information from employees and job applicants:

• Personal details including name and contact information
• Date of Birth
• Gender
• Marital Status
• Beneficiary and emergency contact information
• Government identification numbers
• Education and training details
• Bank account details and payroll information
• Wage and benefit information
• Performance information
• Employment details
• Special categories of personal data, including information that relates to an employee’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetics or health, and sexual information.

Data Collection Purposes

Nachi America collects and processes data about employees and job applicants for the following purposes:

• Recruitment and selection of employees.
• Personnel management.
• Workplace monitoring.
• Human resources administration including payroll and benefits.
• Complying with legal obligations.
• Education, training, and development activities.
• Conduct internal audits and workplace investigations.
• Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.

Categories of Third Parties with which Personal Information May Be Shared:

Nachi America discloses personal data to the following categories of recipients:

• Nachi America’s parent, subsidiaries, and affiliated entities, including branches.
• Business partners
• Auditors and professional advisors, such as lawyers and consultants.
• Federal, state, and local law enforcement officials.
• Third-party service providers, such as providers of:
• IT system management;
• Information security
• Human resources management
• Payroll administration; or
• Retirement plan administration.

Nachi America 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, Nachi America has disclosed Personal Information for a business purpose to the categories of third parties listed above.

We do not share your Personal Information as defined under Cal. Civ. Code 1798.140(ah).

Data Retention

We will retain your Personal Information for no longer than is necessary for the purposes stated in this Policy, unless otherwise extending the retention period is required or permitted by law or subject to our retention policies as may be in place from time to time. The data storage period may vary with scenario, product, and service. The standards we use to determine the retention period are as follows:

• The time required to retain personal data to fulfill business purposes, including providing products/services
• Maintaining corresponding transaction/business records
• Handling possible user queries or complaints and locating problems
• Whether the user agrees to longer retention period
• Whether the law, contracts, or other equivalencies have special requirements for data retention.

Your Rights and Choices

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

Right to Limit Use and Disclosure of Sensitive Personal Information

The only sensitive Personal Information we affirmatively collect form you is necessary to perform the services or provide the goods you requested. We may also periodically receive unsolicited information from you that includes sensitive Personal Information; we make no further use or disclosure of that unsolicited sensitive Personal Information. If you have questions about sensitive Personal Information, please see Exercising Your Rights to contact us.

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:

• 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).

Correct / Rectify Personal Information

You have the right to rectify (correct, update, or modify) the Personal Information we collect about you. After making such a request, we will take commercially reasonable efforts to correct inaccurate Personal Information within 45 days of receiving the request. In the event an extension is needed, we may have taken an additional 45 days when reasonably necessary. In this case, we will provide you a notice of extension within the first 45-day period.

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. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. 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 tone of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights

To exercise the limitation, access, correction, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 877-622-4487
• Emailing us at ml-nai.info@nachi.com

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. You may only make a verifiable consumer request for access or data portability twice in 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.
• 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 verifiable consumer request does not require you to create an account with us. 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 a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Please be aware that under certain circumstances, the CCPA/CPRA may limit your exercise of these rights.

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 an additional 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 the verifiable 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.

Non-Discrimination

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

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, 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 Nachi America collects and uses your information described here, 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: 877-622-4487

Website: www.nachiamerica.com

Email: ml-nai.info@nachi.com

Postal Address:
Nachi America Inc.
Attn: Legal Department
715 Pushville Road
Greenwood, IN 46143

If you need to access this Policy in an alternative format due to having a disability, please contact ml-nai.info@nachi.com.