CALIFORNIA PRIVACY RIGHTS NOTICE
The California Consumer Privacy Act (“CCPA”) provides eligible California residents with specific rights with respect to our collection and use of personal information. This California Privacy Rights Notice (“CCPA Notice”) supplements the Ferro Corporation Privacy Notice (“Ferro Privacy Notice”) and applies solely to eligible residents of California as of January 1, 2020. Any terms not defined in this CCPA Notice have the same meaning as defined in the CCPA.
(a) Information We Collect:
Our Website 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"). In particular, the Website has collected the following categories of personal information from its consumers within the last twelve (12) months:
This category may include: name and contact information, unique personal identifiers, online identifiers, account name, driver’s license number, passport
|Internet or other electronic network activity information||This category may include: browsing history, search history, and information regarding interactions with an Internet Web site, application, or advertisement.|
|Geolocation data||This category may include: physical location or movements.|
|Professional or employment-related information||This category may include: current or past job history or performance evaluations.|
|Non-public education information||This category may include: education records directly related to a student maintained by an educational institution or party acting on its behalf
(e.g., grades, transcripts, schedules, and student ID numbers).
We collect this from prospective employees only.
Please note that some of the categories of personal information described in the CCPA overlap with each other; for instance, your name is both an Identifier and a type of data described in Cal. Civil Code 1798.80(e).
Personal information does not include publicly available information from government records or any deidentified or aggregated consumer information. In addition, the CCPA excludes the following from its scope: 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; and 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.
We collect this information directly from you when you provide it to us; automatically as you navigate through the Website (which may include usage details, IP addresses, browser type, location information, and information collected through cookies and other tracking technologies; and from third parties (e.g., our business partners, when you register through a third party for a Ferro event).
(b) Use of Personal Information:
We do not sell your personal information. However, we may use or disclose the personal information we collect for the purposes described in the Ferro Privacy Notice.
(c) Sharing Personal Information:
Ferro may disclose your personal information to third parties for a business purpose. When we disclose personal information for a business purpose, we enter 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. The CCPA prohibits third parties who access the personal information we hold from reselling it unless you have received explicit notice from the third-party with an opportunity to opt-out of the sale.
We disclosure your information as described in the Ferro Privacy Notice. In the preceding twelve (12) months, Ferro has disclosed the following categories of personal information for a business purpose: [identifiers; California Customer Records personal information categories; protected classification characteristics under California or federal law; commercial information; internet or other similar network activity; geolocation data; professional or employment-related information; non-public education information (for prospective employees only); and inferences drawn from other personal information.]
(d) Sales of Personal Information:
In the preceding twelve (12) months, Ferro has not sold your personal information to any third parties.
(e) Your Rights & Choices:
(i) Right to Know About Personal Information Collected, Disclosed, or Sold
You have the right to request that we provide certain information to you about our collection and use of your personal information over the past twelve (12) months. Specifically, you have the right to request disclosure of the categories of personal information and specific pieces of personal information we have collected about you over the last 12 months. Upon the submission of a verifiable consumer request (see Exercising your California Privacy Rights), we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources from which personal information was collected;
- Our business or commercial purpose for collecting personal information;
- Our business or commercial purpose for disclosing or selling personal information; and
- The categories of third parties with whom we shared personal information.
We will also provide the specific pieces of personal information we collected about you, subject to certain exceptions under applicable law, if you also request access to such information.
(ii) Right to Request Deletion of Personal Information
If you are an eligible California resident, you also have the right to request that we delete any of your personal information that we collected or maintain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will conduct a reasonable search of our records in order to locate any personal information we have collected about you that is eligible for deletion and delete such personal information. To the extent we have shared any personal information collected about you with service providers that is eligible for deletion, we will direct those service providers to delete that personal information as well. For the sake of clarity, however, Ferro may not be able to comply entirely with your request to delete all of your personal information as set forth under the CCPA. For example, if you placed an order with us, the CCPA allows us to keep records related to these types of transactions in order to complete a transaction for which your personal information was collected. Specifically, we are not required to delete any personal information we have collected about you that is necessary for us and our service provider(s) to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between Ferro and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation, such as retaining records for a period of time as set out in local, state, or federal laws.
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided your information.
Following a deletion request, any personal information about you that was not deleted from our systems will only be used for the purposes provided for by the applicable exceptions. Thus, all personal information about you that is not subject to a deletion exception will either be (1) permanently deleted on our existing systems (with the exception of archived or back-up systems maintained for emergency disaster recovery and business continuity purposes); (2) de-identified; or (3) aggregated so as to not be personal to you.
(iii) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you for exercising any of your privacy rights. Unless in compliance with applicable law, 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.
(iv) Exercising Your California Privacy Rights
To exercise your CCPA rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-833-613-0415; or
- Emailing us at FerroCompliance@Ferro.com.
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, however, make a verifiable consumer request on behalf of your minor child if necessary. Additionally, you may only make a verifiable consumer request for access twice within a 12-month period.
Your verifiable consumer request must: (i) provide sufficient proof of your identity; and (ii) 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. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. 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.
(v) Response Timing and Format
We will make our best effort to respond to a verifiable consumer request within 45 calendar days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Within ten (10) business days of receiving the request, we will confirm receipt and provide information about its verification and processing of the request. Ferro will maintain records of consumer requests made pursuant to the CCPA as well as our response to said requests for a period of at least twenty-four (24) months.
If you have an account with us, we may require you to take delivery of our written response through that account. If you do not have an account with us, we will deliver our written response electronically, though you may alternatively choose to receive delivery by mail. The response will also explain the reasons we cannot comply with a request, if applicable. For requests for specific pieces of information that we have collected about you will be sent in a portable, readily useable format that you may transmit to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it 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.
In addition to your rights under the CCPA, California Civil Code Section 1798.83 permits California residents to request information regarding our disclosure, if any, of their personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to: Director, Risk & Compliance, Ferro Corporation, 6060 Parkland Boulevard, Mayfield Heights, OH 44124 or by email to FerroCompliance@Ferro.com.