Kaufman & Kaufman, LLC. California Privacy Notice
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Overview
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Contact
Overview
This California Privacy Notice ("Notice") applies to "Consumers" as defined by the California Consumer Privacy Act ("CCPA") as a supplement to Kaufman & Kaufman, LLC.'s and its affiliates ("Company," "us," "we" or our") other privacy policies or notices. In case of a conflict between any company policy, statement, or information and this Notice, this Notice will prevail regarding Consumers and their rights under the CCPA. Please see also any privacy policy or Notice of general applicability posted or referenced on our websites, apps, products, or services, including, without limitation, the Kaufman & Kaufman Privacy Notice.
The California Consumer Privacy Act (CCPA) was enacted on January 1, 2020. This landmark regulation provides California Consumers with greater control over their Personal Information. Our current understanding of how the law applies to Kaufman & Kaufman's product and service offerings includes the following:
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Kaufman & Kaufman does not sell data as defined by the CCPA.
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We continue actively monitoring California privacy legislation, including the passage of the California Privacy Rights Act (CPRA) and associated rule-making. We are prepared to modify our practices as needed.
This Notice covers the collection, use, disclosure, and sale of Consumers' "Personal Information" ("P.I.”) as defined by the CCPA, except to the extent such P.I. is exempt from the notice obligations of the CCPA. This Notice also covers the rights of consumers under the CCPA and other notices to Californians required by other laws.
Consistent with the CCPA, job applicants, current and former employees, and independent contractors ("Personnel"), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business are not considered "Consumers" for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may review a separate privacy notice that applies to them by accessing the Insperity Privacy Notice.
Managing P.I.
This notice, which is consistent with the CCPA, describes our current practices regarding the collection, use, sharing, and sale of P.I. and will be updated as needed.
Collection and Use
We collect P.I. about Consumers, including:
Category of P.I.
Sources of P.I.
Business or Commercial Purposes for P.I. Collection
1. Identifiers
This may include but is not limited to 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.
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Client companies
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Consumers
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Web forms submitted through Insperity.com
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Recruiting service providers
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Employment screening service providers
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Delivering Services (Performing services on behalf of the business or service provider)
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Security and Fraud Prevention
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Auditing Related to a Current Interaction
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Debugging
2. Personal Records
This may include physical characteristics or description, signature, telephone number, education, employment, employment history, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
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Client companies
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Consumers
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Web forms submitted through Insperity.com
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Health and Welfare service providers
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Financial service providers
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
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Security and Fraud Prevention
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Debugging
3. Consumer Characteristics
This may include but is not limited to sex, marital status, religion, veteran status, familial status, race, disability, gender identity, and creed.
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Consumers
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Recruiting service providers
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Employment screening service providers
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
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Debugging
4. Customer Account Details / Commercial Information
This may include, but is not limited to, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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Consumers
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Client companies
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
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Debugging
5. Biometric Information
This may include but is not limited to genetic, physiological, behavioral, and biological characteristics that can be used to establish individual identity, including but not limited to fingerprints, voiceprints, retina scans from which an identifier template can be extracted, and other physical patterns, as well as sleep, health, or exercise data that contain identifying information.
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Consumers
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
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Debugging
6. Internet Usage Information
This may include, but is not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement.
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Insperity.com
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Proprietary web-based systems, including Premier
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Research and Development
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Quality Assurance
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Security and Fraud Prevention
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Debugging
7. Geolocation Data
This may include but is not limited to precise physical location or movements and travel patterns.
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Proprietary mobile applications
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Delivering Services (Performing services on behalf of the business or service provider)
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Security and Fraud Prevention
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Debugging
8. Sensory Data
This may include, but is not limited to, audio recordings of customer care calls,
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Customer support recordings
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Providing Customer Service (Performing services on behalf of the business or service provider)
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Quality Assurance
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Security and Fraud Prevention
9. Professional or Employment Information
This may include but is not limited to professional, educational, or employment-related information.
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Consumer
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Recruiting service providers
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Employment screening service providers
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
10. Inferences from P.I. Collected
This may include but is not limited to creating a profile about a Consumer reflecting the Consumer's preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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Proprietary performance management systems
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Recruiting service providers
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H.R. analytics providers
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Delivering Services (Performing services on behalf of the business or service provider)
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Research and Development
As permitted by applicable law, we do not treat de-identified data or aggregate consumer information as P.I. We reserve the right to convert or help others convert your P.I. into deidentified data or aggregate consumer information. We are not obligated to re-identify such information or keep it longer than we need to respond to your requests. This helps us practice data minimization, a privacy best practice consistent with our mission to respect our employees and customers.
Sharing of P.I.
We may share P.I. with our service providers, other vendors (including those that facilitate interest-based and other advertising and marketing), and affiliates, including without limitation as follows:
Category of P.I. Shared
Categories of Service Providers and Third-Party Recipients
1. Identifiers
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Client companies
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Recruiting service providers
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Employment screening service providers
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H.R. analytics providers
2. Personal Record
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Client companies
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Recruiting service providers
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Health and welfare service providers
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Financial service providers
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H.R. analytics providers
3. Consumer Characteristics
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Client companies
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Recruiting service providers
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Employment screening service providers
4. Customer Account Details/Commercial Information
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Client companies
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Health and welfare service providers
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Financial service providers
5. Biometric Information
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Client companies
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Timekeeping hardware/software service providers
6. Internet Usage Information
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Client companies
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Website analytics service providers
7. Geolocation Data
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Client companies
8. Professional or Employment Information
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Client companies
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Recruiting service providers
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Employment screening service providers
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H.R. analytics providers
9. Inferences from P.I. Collected
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Client companies
The Collection and Use P.I. table lists the business purpose for collecting and sharing personal information.
Sale of P.I.
We do not "sell" your P.I. as defined under the CCPA. Until we change this policy by updating this Notice and providing a method to opt out of a sale, we will treat P.I. collected under this approach as subject to a Do Not Sell request. Notwithstanding anything to the contrary in our other privacy notices, we typically restrict the use of your P.I. to the business purpose associated with that service provider. Additionally, your requests that direct us to share P.I. are not considered a sale, and disclosures amongst the entities that constitute the Company as defined above are not a sale.
Some browsers have signals that may not be tracking signals, but we do not understand them operating in that manner or indicating a Do Not Sell expression by you, so we currently do not recognize these as a Do Not Sell request. However, we understand that various parties are developing Do Not Sell signals, and we may realize specific signals if we conclude such a program is appropriate. You may view our separate Cookie Policy here for more information on cookies. For more information about the sale of P.I., see the Do Not Sell subsection below.
California Privacy Rights
Effective January 1, 2020, we have provided Consumers with the privacy rights described in this section. You can exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. In addition, as permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process ("Verifiable Consumer Request"). This process may include but is not limited to our Contact Center agents verifying your identity through established protocols or our Privacy team asking you to confirm information previously submitted to the Company.
We will only fulfill your CCPA request if you have provided sufficient information for us to reasonably verify that you are the Consumer about whom we collected the P.I. Please follow the instructions on our Privacy Rights Request page here and respond to any follow-up inquiries we may make. You may also contact the Privacy Team at r.kaufman@kaufmanandkaufman.com or +1 (800) 798-9636.
If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request. We will use the P.I. provided in a Verifiable Consumer Request only to verify your identity or authority to complete the request and to track and document request responses unless you also gave it to us for another purpose.
We will make commercially reasonable efforts to identify P.I. that we collect, process, store, disclose, and otherwise use and to respond to your Consumer privacy rights requests. We reserve the right to direct you to where you may access and copy responsive P.I. We will typically not charge a fee to fully respond to your requests, provided that we may charge a reasonable fee or refuse to act upon an appeal if your request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the proposal warrants a fee or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we charge you for responding to your request.
Consistent with the CCPA and our interest in the security of your P.I., we will not deliver to you your social security number, driver's license number or other government-issued I.D. numbers, financial account number, any health or medical identification number, account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
Your Consumer privacy rights are as follows:
The Right to Know
You have the right to send us a request, no more than twice in twelve months, for any of the following for the period that is twelve months before the requested date:
The categories of P.I. we have collected about you.
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The types of sources from which we collected your P.I.
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The business or commercial purposes for our collecting or selling your P.I.
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The types of third parties to whom we have shared your P.I.
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The specific pieces of P.I. we have collected about you. You have the right to make or obtain a transportable copy, at most twice in twelve months, of your P.I. that we have collected 12 months before the requested date, which is maintained. Please note that we retain P.I. for various periods, so we may not be able to fully respond to what might be relevant going back 12 months before the request.
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A list of the categories of P.I. disclosed for a business purpose in the prior 12 months or that no disclosure occurred.
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A list of the categories of P.I. sold about you in the prior 12 months or that no sale occurred. For example, if we sell your P.I., we will explain the following:
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The categories of your P.I. we have sold.
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The categories of third parties we sold P.I., by types of P.I. sold for each third party.
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To make a request, you may submit a form here or contact the Privacy Team at +1 (800) 798-9636 or r.kaufman@kaufmanandkaufman.com. You may also view your data in Premier. To access your data in Premier, follow the steps below:
Log into Premier
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To view your paycheck, benefits, time and attendance, training, and performance information, click on the appropriate icon under 'My Account on the left of the page.
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To view your personal, work, and emergency contact information, click the arrow next to your name in the top right corner and select 'My Profile from the dropdown menu. you
For existing Premier account holders who submit requests through the online form, we will verify their identity based on the matching information you provided with data available in Insperity Premier. This could include, but is not limited to, employee I.D., mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify your identity based on matching information you provided with data we have maintained on you in our systems. This data could include but is not limited to email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individuals.
Do Not Sell
As noted above, we do not sell your P.I. as such is defined under the CCPA. Until we change this policy by updating this Notice, we will treat P.I. collected under that policy as subject to a Do Not Sell request. If you are 16 or older, you can direct us not to sell your P.I. To request, you may submit a form here or call the Insperity Privacy Team at 1-800-798-9636. For existing Insperity Premier account holders who submit requests through the online form, we will verify their identity based on matching information you provided with data available in Insperity Premier. This could include, but is not limited to, employee I.D., mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify your identity based on matching information you provided with data we have maintained on you in our systems. This data could include but is not limited to email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individuals.
We do not believe the data practices of third-party cookies and tracking technologies associated with our websites and mobile apps constitute a "sale" of your P.I. as defined by the CCPA. However, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices. Our position on this may change if regulatory guidance or industry consensus leads us to a different conclusion, in which case we will update this Notice and our data practices.
We do not knowingly sell the P.I. of Consumers under 16 unless we receive an opt-in from the Consumer who is at least 13 but under 16 or from the parent or guardian of a Consumer younger than 13. Consumers who opt into P.I. sales may opt-out at any time. If you think we may have unknowingly collected the P.I. (for purchase) of yourself or your child under the age of 13, or if you are at least 13 but under 16, exercising the opt-out will stop our selling of the P.I.
We may disclose your P.I. for the following purposes, which are not a sale: (i) if you direct us to share the P.I.; (ii) to comply with your requests under the CCPA; (iii) disclosures with client companies or amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.
Delete
Except to the extent we have a basis for retention under CCPA, you may request that we delete the P.I. we have collected directly from you and are maintaining. Our retention rights include, without limitation, completing transactions and services you have requested or that are reasonably anticipated for security purposes, for legitimate internal business purposes, including maintaining business records, complying with the law, exercising or defending legal claims, and cooperating with law enforcement. Note also that we are not required to delete your P.I., which we did not collect directly from you. To make a request, you may submit a form here or call the Kaufman & Kaufman Privacy Team at 1-800-798-9636. For existing Kaufman & Kaufman Premier account holders who submit requests through the online form, we will verify their identity based on matching information you provided with data available in Kaufman & Kaufman Premier. This could include, but is not limited to, employee I.D., mailing address, or recent communications. For non-account holders who submit requests through the online form, we will verify your identity based on matching information you provided with data we have maintained on you in our systems. This data could include but is not limited to email address, mailing address, phone number, or former employer. For requests received through calling the Insperity Privacy Team, we will follow the same procedures as above based on whether you are a current account holder or other individuals.
Non-Discrimination and Financial Incentive Programs
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.
Authorized Agents
If a Consumer chooses to submit a request through an authorized agent, Insperity requires the Consumer to:
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Provide the authorized agent written permission to submit a request, a copy of which must be submitted to us;
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Verify that instruction and their own identity directly with us.
The written agreement is unnecessary if the authorized agent has a power of attorney issued under California Probate Code sections 4000 to 4465. The business will only accept requests submitted through an agent without the abovementioned two general conditions.
In addition, the agent is subject to the verification standards applicable to the type of request(s) made.
Exclusions
Notwithstanding anything contrary, we may collect, use, and disclose your P.I. as required or permitted by applicable law, which may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party's rights or conflict with applicable law.
Additional California Notices
In addition to CCPA rights, particular Californians are entitled to specific other notices, including:
Third-Party Marketing and Your California Privacy Rights
Separate from your CCPA "Do Not Sell" rights, you have the following additional rights regarding the disclosure of your information to third parties for their direct marketing purposes:
We may, from time to time, elect to share certain "personal information" (as defined by California's "Shine the Light" law) about you with third parties for those third parties' direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us, too, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may get the categories of personal information shared and the names and addresses of all third parties that received personal data for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2021 will receive information about 2020 sharing activities). To make such a request, please provide sufficient information to determine if this applies to you, attest that you are a California resident, and provide a current California address for our response. You may request this by contacting us here or in writing at Kaufman & Kaufman, P.O. Box 24594, Attention: Kaufman & Kaufman Privacy Team, Cleveland, TN, 37422-4594. Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please be aware that not all information sharing is covered by the Section 1798.83 requirements, and only information on covered sharing for California customers will be included in our response.
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each direction separately.
Online Privacy Practices
Please review our general Insperity Privacy Notice for more information on our online practices and your California rights specific to our online services. Without limitation, Californians who visit our online services and seek or acquire goods, services, money, or credit for personal, family, or household purposes are entitled to the following notices of their rights:
Tracking and Targeting
When you visit our online services, third parties and we may use tracking technologies to collect usage information based on your device for various purposes, including advertising based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn a so-called "Do Not Track" signal on or off. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to "Do Not Track" signals.
California Minors
Although our online service(s) are intended for an audience over the age of 18, any California residents under the age of eighteen (18) who have registered to use our online services and who posted content or information on the service can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonable good-faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others we do not control.
Contact
For more information on your California privacy rights, contact the Kaufman & Kaufman Privacy Team at +1 (800) 798-9636 or email us at r.kaufman@kaufmanankaufman.com.
Kaufman & Kaufman, LLC.
Attn: Allen Kaufman, Managing Director, Data Privacy and Technology Compliance
Reference: Privacy Policy Inquiries
Mail Code: C2.1.10
P.O. Box 24594
Chattanooga, TN 37422-4594