CCPA Consumer Privacy Notice
Effective Date: January 1, 2020
This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). In the event of a conflict between any other Baker Tilly policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.
In accordance with the CCPA’s requirements, this Notice covers the calendar year 2020 and describes our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”), as well as rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect PI about California Consumers as described in the table below. Categories identified as “N/A” are not collected by Baker Tilly about consumers.
In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat deidentified data or aggregate consumer information as PI, and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information.
Subject to the CCPA’s restrictions and obligations, our affiliates, service providers, and vendors also may use your PI for some or all of the above-listed business purposes.
We may share your PI with our affiliates, service providers, vendors (including those that facilitate interest-based advertising and other advertising and marketing), and other parties as described in the table above.
Baker Tilly does not “sell” (as the term “sale” is defined by the CCPA) Consumer PI.
CALIFORNIA PRIVACY RIGHTS
Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI.
Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. 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 request, but you may use your account to do so. We will use PI provided in your request only to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.
We will make commercially reasonable efforts to identify Consumer PI that we collect, use, store, disclose, or otherwise process, and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may provide you with a summary of your PI and give you the opportunity to elect whether you want us to provide the entire data set. Alternatively, we may direct you on how to access and copy responsive PI yourself. We may charge a reasonable fee or refuse to act upon a request if the request is excessive, repetitive, unfounded, or overly burdensome. If we determine that the request warrants a fee, or that we may decline to comply with the request, we will give you notice explaining why we made that decision. In the case of a fee, we will provide a cost estimate and the opportunity to accept such fees before charging you for responding to your request.
Your California Consumer privacy rights are described below. To make a request, email us at [email protected] or call us at +1 (800) 362-7301. To submit a verifiable request, provide your name, email address, and phone number. We will compare this information with our records and send an email to the email address provided to verify the request. Please follow the instructions in this privacy notice and promptly respond to any follow-up inquires so that we may confirm your identity. If you request that we provide you with specific pieces of information about you, we will apply the heightened verification standards set forth in this Notice.
An authorized agent may submit a request on behalf of a Consumer if the Consumer has provided the authorized agent with power of attorney in accordance with California law; alternatively, the agent must (1) present verifiable written authorization from the Consumer that the agent has the Consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with Baker Tilly.
We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s, rights or conflict with applicable law.
You have the right to request that we disclose your PI that we have collected and are maintaining for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than 2 times in a 12-month period.
- The categories of PI we have collected about you, including the categories of sources from which we collected your PI and the purpose(s) for such collection.
- The specific pieces of PI we have collected about you.
- The categories of third parties to whom we have disclosed your PI, including a list of the categories of PI disclosed (or a statement that no such disclosure occurred).
- A list of the categories of PI sold about you, including the categories of third parties to whom we sold your PI and the purposes for the sale (or a statement that no such sale occurred).
With respect to (1) and (2) above, we will provide this information in a portable and, if technically feasible, readily usable format.
“Do Not Sell” Rights
We do not sell California Consumer PI as defined under the CCPA and, until such time as we change our practices by updating this Privacy Notice, will treat PI collected under this Notice as subject to a “do not sell” request.
Some browsers have signals that may be characterized as “do not track” signals, but we do not understand them to operate in that manner or to signify a “do not sell” request. We understand that various parties are developing “do not sell” signals, and we may recognize certain such signals if we conclude such a program is appropriate.
You may request that we delete your PI that we have collected directly from you. Under the CCPA, we may decline to delete your PI under certain circumstances, for example, if we need the PI to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your PI that we did not collect directly from you.
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. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your PI as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms.
For more information regarding your California privacy rights, you may contact us at +1 (800) 362-7301 or email us at [email protected]. You may also write to us at: Baker Tilly Virchow Krause, LLP, Attention: California Privacy Rights Inquiry, 205 North Michigan Avenue, Chicago, IL 60601-5927.