California Consumer Privacy Act


IMPORTANT ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

Last Updated: September 17, 2020

This statement provides specific information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”).  California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this document is intended to satisfy that requirement.  Except for the Right to Opt-out and the Right of Non-Discrimination, this statement does not apply to California residents with whom we transact or communicate solely in the context of providing or receiving a product or service to or from a company that employs such residents or engages such residents as contractors. This statement does not apply to applicants or candidates for employment or contractor positions with us who are California residents, nor does it apply to current or former full-time, part-time and temporary employees and staff, officers, directors or owners, or other non-employee workers and contractors. This statement also does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA.

Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a California household. 

Categories of Personal Information that We Collect, Disclose, and Sell; Notice at Collection

While our collection, use, and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above). 

Below please find the categories of personal information (as defined by the CCPA) about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose. We collect these categories of personal information from the sources described in our Privacy Statement, and for the purposes described below.  Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident.

Please note that under the CCPA, a “sale” includes disclosing or making available to a third party personal information in exchange for monetary compensation or some other value or benefit.  While we do not disclose personal information in exchange for monetary compensation, we may make certain categories of personal information available in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Site) in order to improve and measure our ad campaigns and reach users with more relevant ads and content.

Categories of personal information

Do we collect?

Do we disclose for business purpose?

Do we sell?

Categories of Third Parties to Whom We May Disclose or Sell this Information

NAME, CONTACT INFORMATION AND IDENTIFIERS: Identifiers such as 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.

Yes

Yes

No

•  service providers

•  advisors and agents

•  government entities and law enforcement

•  affiliates and subsidiaries

•  data analytics providers

•  internet service providers

•  operating systems and platforms

•  business customer/client

 

CUSTOMER RECORDS: Paper and electronic customer records containing personal information, such as 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.

No

No

No

N/A

PROTECTED CLASSIFICATIONS: Characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.

No

No

No

N/A

PURCHASE HISTORY AND TENDENCIES: Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

No

No

No

N/A

BIOMETRIC INFORMATION: Physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

No

No

No

N/A

USAGE DATA:  Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.

Yes

Yes

Yes

•  service providers

•  advisors and agents

•  government entities and law enforcement

•  affiliates and subsidiaries

•  advertising networks

•  data analytics providers

•  internet service providers

•  operating systems and platforms

 

GEOLOCATION DATA:  Precise geographic location information about a particular individual or device.

No

No

No

N/A

AUDIO/VISUAL:  Audio, electronic, visual, thermal, olfactory, or similar information

No

No

No

N/A

Employment:  Professional or employment related information

No

No

No

N/A

EDUCATION INFORMATION: Information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

No

No

No

N/A

PROFILES AND INFERENCES:  Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

No

No

No

N/A


Uses of Personal Information; Notice at Collection

Although we describe other uses of personal information in our Privacy Statement, for the purposes of the CCPA, we use the above categories of California resident personal information for the following purposes:

o   Business Prospecting. Exploring or initiating prospecting of potential customers and vendors, including:

        o   Searching for and providing information to potential corporate customers and vendors and appropriate contact persons

        o   Researching prior purchase history and interactions, as well as potential interest in Axalta products and services of corporate customers and vendors

        o   Contacting the contact persons for potential corporate customers and vendors

        o   Reviewing sales and marketing activities and assessing performance and conversion rates of those activities

        o   Facilitating related business development opportunities, as relevant

        o   Facilitating communications in furtherance of the foregoing

        o   Satisfying reporting and auditing obligations

o   Conducting Business and Management of Client Relationships. The organization and operation of our business, including:

        o   Operating our business by developing, producing, marketing, selling and providing goods and services

        o   Improving our website, mobile apps and marketing activities by conducting tests, research and analysis of users

        o   Displaying website, mobile apps and marketing content to users, customers and prospective customers

        o   Providing after-sales services to clients

        o   Auditing and assessing performance of business operations, including client services and associated activities

        o   Training and quality control 

        o   Satisfying client reporting and auditing obligations

        o   Facilitating business development opportunities, as relevant

        o   Facilitating communications in furtherance of the foregoing

o   Security and Monitoring. In order to monitor and secure our resources and network, including:

        o   Monitoring for, preventing and investigating suspected or alleged misconduct or violations of law

        o   Monitoring for, preventing investigating, and responding to security and privacy incidents

        o   Monitoring activities, access and use to ensure the security and functioning of our systems and assets

o   Auditing, reporting corporate governance, and internal operations.  Relating to financial, tax and accounting audits, and audits and assessments of our business operations, security controls, financial controls, or compliance with legal obligations, and for other internal business purposes such as administration of our records retention program.

o   M&A and Other Business Transactions.  For purposes of planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions. 

o   Defending and Protecting Rights. In order to manage and respond to legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.

o   Compliance with Applicable Legal Obligations. Relating to compliance with applicable legal obligations (such as responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations.

 

California Residents’ Rights

California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Notice of Right to Opt-out of Sale of Personal Information.  California residents have the right to opt-out of our sale of their personal information. Opt-out rights can be exercised using our California resident rights webform, by emailing us at CAPrivacy@axalta.com, or by contacting us at 1-855-547-1461 (toll free). 

Right to Opt-In. We do not knowingly collect personal information about residents who are younger than 16 years.  We do not sell personal information about residents who we know are younger than 16 years old without opt-in consent.

Verifiable Requests for Deletion and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests:

Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary that we maintain such personal information for purposes set out in the CCPA. 

Right to Know – Right to a Copy: California residents have the right to request, up to twice every 12 months, a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the California resident to transmit this information to another entity without hindrance. 

Right to Know – Right to Information: California residents have the right to request, up to twice every 12 months, that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

o   categories of personal information collected;

o   categories of sources of personal information;

o   business and/or commercial purposes for collecting and selling their personal information;

o   categories of third parties with whom we have shared their personal information; 

o   categories of personal information that we have disclosed for a business purpose and, for each category, the categories of third parties to whom the California’s residents’ personal information has been disclosed; and

o   categories of personal information that we have sold and, for each category, the categories of third parties to whom the California residents’ personal information has been sold.

Submitting Requests. Requests to exercise the right of deletion or the right to know (right to a copy and / or the right to information) may be submitted on our California residents’ rights webform, by emailing us at CAPrivacy@axalta.com or by contacting us at 1-855-547-1461 (toll free). 

When you submit a request to know (right to copy and / or right to information) or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above email or toll-free number) to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor.

Authorized agents may initiate a request on behalf of another individual by contacting us as set forth above.  Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.   

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information.   

Discrimination: Businesses may not discriminate against California residents who exercise their rights under CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices or rates or impose penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the California residents’ data.

Disclosure of Incentives: A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, provided the incentive is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent. We do not offer any incentives at this time.

Contact us for More Information

If you have any questions about this statement, please contact Axalta.

California Privacy Rights under California’s Shine the Light Law

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), any California resident who provides certain personal information to us in obtaining products or services for personal, family, or household purposes is entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use.  Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. California residents who would like to make such a request may submit a request in writing to CAPrivacy@axalta.com or through our California resident rights webform. The request should attest to the fact that the requester is a California resident, and provide a current California address.