Privacy Notice for California Residents
Effective Date: Jan 1. 2020
This CA Privacy Notice applies solely to all visitors, users, and others who reside in the State of California. However, it does not apply to the following:
- Personal information collected about a natural person in the course of that person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of Rutan (“Employment Relationship), to the extent that the personal information is collected and use within the Employment Relationship.
- Personal information reflecting a written or verbal communication or transaction between the business and a consumer, where the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency and whose communications or transactions with the business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from such company, partnership, sole proprietorship, nonprofit or government agency.
- Medical information governed by the Confidentiality of Medical Information Act or protected health information that is collected by Rutan as a business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services pursuant to the HIPAA and HITECH.
The obligations imposed on Rutan pursuant to the CCPA shall not restrict our ability to: (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquire, investigation, subpoena, or summons by federal state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we, our service providers, or third parties reasonably and in good faith believe may violate federal, state, or local laws; (4) exercise or defend legal claims; (5) collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information; and (6) comply with our ethical obligations as attorneys licensed by the State Bar of California.
Information We Collect
Rutan collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Personal information does not include publicly available information, information that is deidentified or aggregate consumer information, or information excluded from the CCPA’s scope. For purposes of the CA Privacy Notice, we will make reference to the enumerated categories of personal information described in the CCPA. These are:
- Identifiers: For example, a 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.
- “Sensitive Data” (Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) ): Including a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy 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. (Note: Some personal information included in this category may overlap with other categories).
- Protected classification characteristics under California or federal law. Including age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Commercial information: For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information: 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.
- Internet or other similar network activity: Including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Geolocation data
- Sensory data: Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or Employment Related Information:
- Student Records: Non-public education information per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99). For example, 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.
- Inferences: Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Please see the chart, Personal Information We Collect From You, below, to determine how we have processed personal information in the previous 12 months. In addition to the purposes described for in the chart, we may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information, or at your direction.
- 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 Rutan’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Rutan about our consumers is among the assets transferred.
Disclosure of Personal Information in the Performance of Legal Services
Rutan acts as a service provider for its clients when providing legal services. Because of the unique duties and obligations owed to clients by attorneys, in most circumstances information, including personal information, that we process for our clients in the performance of our legal services is protected from disclosure unless the client provides informed consent. To the extent that Rutan receives a request to know or request to delete regarding personal information that we process on behalf of our client, we will not disclose the name, contact information, or confirm the fact of processing personal information on behalf of a particular client without the consent of that client. Residents wishing to exercise their California privacy rights should submit the request directly to the business on whose behalf they believe we process such information.
Your Rights and Choices
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 Rights: You have the right to request that Rutan disclose what personal information about you it collects, uses, discloses, and sells.
- Deletion Request Rights: You have the right to request that Rutan delete any of your personal information that we collected from you and retained, subject to certain exceptions.
To exercise the access and deletion rights described above, please submit a verifiable consumer request firstname.lastname@example.org.
Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. Upon submitting a requests, we will attempt to verify your identity by matching the identifying information provided by you (or your authorized representative) to the personal information already maintained by us. The type of information you must provide depends on the type of request you make. Alternatively, we may use a third party verification service to verify your identity. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. 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.
- The Right to Opt-Out/Opt-In to Sale of Your Personal Information: If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). However, we do not sell personal information to third parties.
- The Right Against Discrimination: You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.
If you are using an authorized agent to submit a request to know or request to delete, you must provide the authorized agent written permission to do so. Please contact us at email@example.com to request a CCPA Agent Authorization form. Written permission must be submitted to Rutan as part of the verification process and the agent must also verify their own identity with us using the verification methods described above. We may deny requests from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.
Changes to Our Privacy Notice
Rutan reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date.
If you have any questions or comments about this notice, the ways in which Rutan collects and uses your information described, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Postal Address: 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626