Privacy Notice For California Residents
Right to Know About Personal Information Collected, Disclosed, or Sold
- The categories and specific pieces of personal information Empower has collected about you.
- The categories of sources from which Empower has collected your personal information.
- The business or commercial purpose why Empower collected your personal information.
- The categories of third parties with whom Empower shared your personal information.
- The categories of personal information that Empower has shared with third parties about you for a business purpose.
For purposes of this Notice, “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:
- 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;
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Right To Request Deletion Of Your Personal Information
You have the right to request that Empower delete the personal information it collected or maintained about you. Once Empower receives your request, Empower will let you know what, if any, personal information Empower can delete from its records, and Empower will direct any service providers with whom it shared your personal information to also delete your personal information from their records.
There may be circumstances where Empower cannot delete your personal information or direct service providers to delete your personal information from their records. Some of these instances include, but are not limited to the need to: (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech or ensure the right of another consumer to exercise his or her right to free speech; (5) comply with the law; and (6) use your personal information for internal and lawful purposes.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Empower by contacting Empower at 1-800-491-7876 or firstname.lastname@example.org. 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 Empower to reasonably verify you are the person about whom Empower collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows Empower to properly understand, evaluate, and respond to it.
Empower cannot respond to your request or provide you with Personal Information if Empower cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Empower will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
Empower tries to respond to a verifiable consumer request within forty-five (45) days of its receipt. If Empower require more time, it will inform you of the reason and extension period in writing.
Empower will deliver our written response by mail or electronically, at your option.
Any disclosures Empower provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Empower provides will also explain the reasons Empower cannot comply with a request, if applicable. For data portability requests, Empower 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, specifically by electronic mail communication.
Empower does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Empower determines that the request warrants a fee, Empower will tell you the reason for that decision and provide you with a cost estimate before completing your request.
Empower will not discriminate against you for exercising any of your CCPA rights. However, note that many features of Empower’s website, products, or our services will not function without your Personal Information. Unless permitted by the CCPA, Empower 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.
Right to Opt-Out of the Sale of Personal Information
Empower does not and will not sell your personal information to third parties. As such, there is no need to submit a request for Empower to not sell your personal information
If you have any questions regarding this Notice, please contact Empower at email@example.com.
Updated March 4, 2020