PRIVACY NOTICE FOR CALIFORNIA CONSUMERS

Effective Date: September 1, 2020

Last Reviewed on: August 18, 2020

This Privacy Notice for California Consumers (“CCPA Privacy Notice”) supplements the information contained in the Lutz Companies’ privacy policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). Capitalized terms not otherwise defined herein will have the meaning ascribed to them in the privacy policy. In the event of a conflict between this CCPA Privacy Notice and the privacy policy linked above, this CCPA Privacy Notice will govern.

We adopt this CCPA Privacy 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 CCPA Privacy Notice.

 

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information does not include:

  • Publicly available information from government
  • Deidentified or aggregated consumer

Information excluded from the CCPA’s scope, such as:

  • 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 (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver’s Privacy Protection Act of 1994.

In particular, we have collected the following categories of Personal Information from 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, 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). NO
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. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G.    Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO

I. Professional or employment- related

information.

Current or past job history or performance evaluations. NO

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. NO

 Directly from you. For example, from forms you complete or products and services you purchase.We obtain the Personal Information listed above from the following categories of sources:

  • Indirectly from you. For example, from observing your actions when using our
  • From third parties (e.g. our business partners, unaffiliated third parties and service providers).
  • From publicly accessible sources (e.g. property records).

 

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 satisfy the purpose 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
  • To provide, support, personalize, and develop our
  • To create, maintain, customize, and secure your account with
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our
  • As directed by you in writing.
  • To personalize your experience with our services and to deliver content relevant to your interests, including targeted offers and ads through our services, 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 products and services, databases and other technology assets, and
  • For testing, research, analysis, and product development, including to develop and improve our products and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental
  • To comply with our legal and regulatory obligations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.

We 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

We may disclose your Personal Information to a third party 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.

We share your Personal Information with the following categories of third parties:

  • Service providers
  • Other third parties we use to help us run our business, such as marketing agencies or website hosts
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers
  • Our insurers

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records Personal Information categories. Category D: Commercial information.

Category F: Internet or other similar network activity. Category G: Geolocation data.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Service providers.

Sales of Personal Information

We do not sell Personal 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 to Specific Information and Data Portability Rights

You have the right to request that we 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
  • Our business or commercial purpose for collecting or selling that Personal
  • The categories of third parties with whom we share that Personal
  • 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

Where Your Personal Information is Held

Information may be held at our offices and those of our third-party agencies, service providers, representatives, and agents as described above (see above: “Sharing Personal Information”).

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained and to direct any service providers to delete your personal information from their records, 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.

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

  1. 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
  3. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by
  4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  5. 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
  6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with
  7. Comply with a legal
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided

How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or while we are providing our products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

 

Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Emailing us at privacy@lutz.us; or
  • Writing us at the following address: Lutz & Company, P.C.
    • Attn: Robert Keenan
    • 13616 California Street; Suite 300
    • Omaha, NE 68154

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.

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
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to

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. To make a verifiable request, you will need to provide us with:

  • Enough information to identify you [(e.g., your full name, address and customer or reference number)];
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

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. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity 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.

 

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
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing
  • Provide you a different level or quality of goods or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or

 

Changes to Our Privacy Notice

We reserve the right to amend this CCPA Privacy Notice at our discretion and at any time. When we make changes to this CCPA Privacy Notice, we will post the updated notice on our services and update its effective date. Your continued use of our services 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 we collect and uses your information described here 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: 866-577-0780

Website: https://www.lutz.us/contact/

Email: privacy@lutz.us

Postal Address:

Lutz & Company, P.C. Attn: Robert Keenan

13616 California Street; Suite 300

Omaha, NE 68154

Toll-Free: 866.577.0780  |  Privacy Policy

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OMAHA

13616 California Street, Suite 300

Omaha, NE 68154

P: 402.496.8800

HASTINGS

747 N Burlington Avenue, Suite 401

Hastings, NE 68901

P: 402.462.4154

LINCOLN 

115 Canopy Street, Suite 200

Lincoln, NE 68508

P: 531.500.2000

GRAND ISLAND

3320 James Road, Suite 100

Grand Island, NE 68803

P: 308.382.7850