Cooperative of American Physicians, Inc. Privacy Notice for California Residents

Effective Date: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in CAP’s Privacy Notice 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 any terms defined in the CCPA have the same meaning when used in this notice.

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, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:

 

Category

Examples

Collected

A. Identifiers.

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

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

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.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

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).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or training.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

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.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

 

Personal information does not include: 

  • - Publicly available information from government records.
  • - Deidentified or aggregated consumer information.
  • - Information excluded from the CCPA’s scope, like:
    • ● 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.

CAP obtains the categories of personal information listed above from the following categories of sources:

  • - Directly from you. For example, from forms you complete or products and services you request quotes for or purchase.
  • - Indirectly from you. For example, from observing your actions on our Website.
Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • - To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • - To provide, support, personalize, and develop our Website, products, and services.
  • - To create, maintain, customize, and secure your account with us.
  • - To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • - To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • - To deliver content and product and service offerings relevant to your interests, including targeted offers through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • - To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • - For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • - 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.

CAP will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

CAP may disclose your personal information to a third party for a business purpose [or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights)]. 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 purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.]

We share your personal information with the following categories of third parties:

  • - Service providers.
  • - Data aggregators.
Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

We disclose your personal information for a business purpose to the following categories of third parties:

  • - Service providers.

Sales of Personal Information

In the preceding twelve (12) months, CAP has not sold personal information for any business or commercial purpose. However, California law broadly defines “sale” in a way that may include using targeted advertising services to deliver target advertising about our products and programs. Like many online websites, we use these services, which enable us to provide relevant product and program offers to you.

As such, our use of these services may constitute a “sale” (as defined by California law) of the following categories of information to advertising partners for such advertising purposes:  identifiers such as Internet Protocol address, device IDs, cookie IDs, and advertising IDs.

You have the right to direct us not to “sell” your personal information. (See Personal Information Sales Opt-Out and Opt-In Rights.)

‌                                                                                                                                      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 to Specific Information and Data Portability Rights

You have the right to request that CAP disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), 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).
  • - If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • ● sales, identifying the personal information categories that each category of recipient purchased; and
    • ● disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

‌You may submit a verifiable request to us by contacting us. In the comment box, please state if you are requesting to know more details about the categories or specific pieces of personal information we have collected, including how we use and disclose this information.

You may also submit a verifiable request to us by calling us at 877-870-3049.

‌ Deletion Request Rights                                                                                                                                     

You have the right to request that CAP delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

You may request that we delete personal information we have collected from you by contacting us.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • - 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, or otherwise perform our contract with you.
  • - Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • - Debug products to identify and repair errors that impair existing intended functionality.
  • - Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • - Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • - 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 the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • - Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • - Comply with a legal obligation.
  • - Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

E‌xercising Access, Data Portability, and Deletion Rights                                                                                                                                      

In addition, you can also exercise the access, data portability, and deletion rights described above by submitting a verifiable consumer request to us by submitting a verifiable request to privacy@CAPphysicians.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.

If using a legally authorized agent, we reserve the right to require verification of your authorized agent’s identity and authority, which may include:

  • - Verification of your identity;
  • - A power of attorney pursuant to California Probate Code sections 4000-4465 or other sufficient proof in our discretion to establish your agent’s authority;
  • - Your authorized agent’s valid government-issued identification or other proof of identity acceptable to us at our sole discretion

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 us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This may include proof of valid government-issued identification, attestation under penalty of perjury that you are a California resident, or other proof of identity acceptable to us at our sole discretion.
  • - 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.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In 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 90 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.

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.

P‌ersonal Information Sales Opt-Out and Opt-In Rights                                                                                                                                      

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”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following webpage.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

N‌on-Discrimination                                                                                                                                  

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

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

O‌ther California Privacy Rights                                                                                                                                      

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@CAPphysicians.com  or write us at: Cooperative of American Physicians, Inc., Attn: Vice President, Membership Services, 333 S. Hope Street, 8th Floor, Los Angeles, CA 90071.

C‌hanges to Our Privacy Notice                                                                                                                                       ‌

CAP 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. 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 CAP collects and uses your information described above and in the Privacy Policy, 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: 877-870-3049

Email: privacy@CAPphysicians.com 

Postal Address:

Cooperative of American Physicians, Inc.

Attn: Vice President, Membership Services

333 S. Hope Street, 8th Floor

Los Angeles, CA 90071