Privacy Policy for California Residents

Effective Date: January 9th, 2024This privacy notice supplements the Privacy Policy of Macnica, Inc. and its group of companies(hereinafter referred to as "Company" or "we") and applies to California residents (hereinafter referred to as "Consumers" or "you") to comply with the California Consumer Privacy Act of 2018 as replaced by the California Privacy Rights Act (hereinafter referred to as "CCPA"). Unless otherwise stated, the terms used herein have the same meaning as those defined in the CCPA. For Consumers, this privacy notice shall prevail over Privacy Policy of Macnica, Inc. and its group of companies.

The following tables show the personal information of the Consumers that is collected within the past 12 months. The tables also include the status of disclosure, sales, and shares of such personal information to service providers, contractors, and third parties and other relevant matters.

 

We do not sell your personal information as that term is traditionally understood. However, some of our disclosures may be considered a “sale” or “share” as those terms are defined under CPPA. A “sale” is broadly defined under the CPRA to include a disclosure for something of value, and a “share” is broadly defined under the CPRA to include a disclosure for cross-context behavioral advertising. For information regarding sales and shares, please see the chart below. For details regarding your rights regarding sales and shares, please see the “Opt-out rights” section below. 

 

※ Categories A to I listed in the table below correspond to categories listed in CCPA §1798.140 (o) (1) (A) to (K).

Sales & marketing

Zipteam service (www.zipteam.com)

We infer new information from other information we collect to generate information about your likely preferences or other characteristics. 

 

Some of the personal information we collect may be considered sensitive personal information under the CPRA. For example, precise geolocation data. We collect, use, and disclose such sensitive personal information only for the permissible business purposes for sensitive personal information under the CPRA or without the purpose of inferring characteristics about consumers. We do not sell or share sensitive personal information. 

The Company does not sell or share any personal information of any Consumers we know to be under the age of 16. 

The CCPA grants specific rights regarding personal information to the Consumers. 

 

3.1 Right to access 

Consumers may request the Company to disclose certain information related to the collection and use of their personal information. The Company will disclose the following information after we receive your request and verify the method of exercise and your identity:

 

(i)    Category of any personal information acquired by the Company concerning such Consumer;

(ii)    Categories of the source of collection from which the personal information under (i) above was collected;

(iii)    Business or commercial purposes of acquiring or selling or sharing personal information under (i) above;

(iv)    Categories of third parties with whom the Company discloses the personal information under (i) above;

(v)    Specific content of the personal information under (i) above;

(vi)    Categories of the personal information of the relevant Consumer sold or shared by the Company, and categories of third parties to whom the Company sold or shared per each category of the relevant personal information; and

(vii)    Categories of the personal information of the relevant Consumer disclosed by the Company for business purposes, and categories of service providers or contractors to whom it was disclosed per each category of the relevant personal information.

 

However, we will not disclose if we are unable to verify your identity or in the case of the following information:

 

(i)    government-issued personal identification number such as a social security number or driver's license card number;

(ii)    account number;

(iii)    health insurance or medical identification number;

(iv)    account password;

(v)    security-related questions and answers; and

(vi)    unique biometric data obtained by measurement or technical analysis of human characteristics.

 

3.2 Right to request deletion 

With certain exceptions, Consumers may request the Company to delete their personal information that the Company collects and maintains. Upon receipt of the request, the Company will verify the exercise method and the identity of the requesting Consumer, and will delete, and will instruct the service provider (if any) to delete, the relevant Consumer's personal information from the Company's records unless an exception applies. 

 

The Company may not be able accept deletion requests if the Company or the service provider needs to maintain the information for the following purposes:

 

• To complete transactions for which the Company has collected personal information, to fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide goods or services requested or reasonably anticipated by the Consumer, to take actions reasonably expected within the context of a continuous commercial relationship with the Consumer, or to perform any contract with the Consumer;
• To help ensure security and integrity to the extent the use of consumer’s personal information is reasonably necessary and proportionate for these purposes;
• To debug to identify and repair errors that prevent existing intended functionality;
• To exclusively allow internal use reasonably tailored to the Consumer's expectations pursuant to the relationship between the Consumer and the Company;
• To comply with legal obligations;
• To engage in public or peer-reviewed scientific, historical or statistical research in compliance with all other applicable ethics and privacy-related acts when the deletion of information is likely to render the outcome of the study impossible or seriously impair the ability to complete such research, if the Consumer has previously given informed consent;
• To use the Consumer's personal information internally within a business operator in a lawful manner that conforms to the context in which the Consumer provided the information; or
• To exercise free speech, to secure the right of other Consumers to exercise free speech, or to exercise other rights granted by law.

In addition, since it is difficult to recover the personal information once it is deleted, for the sake of certainty, if a request for deletion is made, the Company will contact you again for confirmation. Furthermore, please note that, in the event of deletion in response to a request, we will retain records of such request in accordance with laws and regulations. 

 

3.3 Right to request correction

With certain exceptions, Consumers may request the Company correct the personal information the Company collects and maintains. Upon receipt of the request, the Company will verify the identity of the requesting Consumers, and will correct, and will instruct the service provider (if any) to correct, the relevant Consumer's personal information from the Company's records unless an exception applies.

 

In determining the accuracy of the personal information, the Company shall consider the totality of the circumstances relating to the contested personal information and may deny a Consumer’s request to correct if the Company determines that the contested personal information is more likely than not accurate based on the totality of the circumstances. Considering the totality of the circumstances includes, but is not limited to, considering:

• The nature of the personal information;
• How the Company obtained the contested information; and
• Documentation relating to the accuracy of the information.

The Company may delete the contested personal information as an alternative to correcting the personal information if the deletion does not negatively impact the Consumer, or if the Consumer consents to the deletion. 

 

3.4 Opt-out rights 

Consumers may at any time direct the Company not to sell or share their personal information (opt-out rights). 

 

To opt-out of sales or shares (as those terms are defined by applicable law), click here or turn on a recognized opt-out preference signal, such as Global Privacy Control, in your browser or extension. Please note that when you submit an opt-out through either method we do not know who you are within our systems, and your opt-out will apply only to information collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. 

 

With regard to cookies and web beacons that are not strictly necessary for the functioning of the website, Consumers may also choose to allow or deny them to the extent legally required from the settings screen that can be displayed from the cookie banner provided on the website of each domain.

 

We will pay due respect to the Consumers who have exercised their opt-out rights but may ask a Consumer for consent to sell or share personal information again 12 months after the initial opt-out. 

 

The procedures for allowing sales again after opting out are as follows:

 

(i)    Please contact the above address.

(ii)    The Company will re-confirm with the Consumer of his/her intention to opt-in.

(iii)    After confirmation of (ii) above, the Company will resume sales.

 

3.5 Exercise of Your Rights 

In order to exercise your rights to access and to request correction or deletion, please email us to our email address listed in "Contact Information." We will confirm receipt of your request within 10 business days and respond to your request within 45 days. 

 

Only you or your authorized agent may make requests related to your personal information. 

 

The Company will verify your identity upon receipt of any such request for access or deletion. Your request is unacceptable if we are unable to verify your identity.

 

If you have an account with a password that the Company provides:

• We will verify your identity through the existing authentication method.
• You will be required to recertify before disclosure or deletion.
• If we suspect fraud or a malicious claim, we will verify your identity in accordance with "If you do not have an account with a password provided by the Company" below.

If you do not have an account with a password provided by the Company:

• The Company will ask you two or more questions about any request to disclose "Category" of your personal information in order to verify with reasonable certainty that you are the one requesting this information.
• With respect to a request for disclosure of "Details" of personal information, the Company requests that you separately submit a written request in order to verify with reasonably high level of certainty that you are the one requesting this information. We will provide you with more details when you actually made the inquiry.

※  In relation to a request for deletion or correction, in order to confirm that the request is from the Consumer with reasonable or reasonably high level of certainty in accordance with the sensitivity of the personal information and the risk of adverse effects due to inappropriate deletion or correction, we will confirm the requesting person's identity by one of the methods described above according to the subject information. 

※  If requested by an agent, we will require and confirm the agent’s authority). 

 

No fees or other commissions will be charged by the Company to process or respond to legitimate requests unless they are clearly groundless, repetitive or otherwise manifestly excessive. If the Company determines that a request from a Consumer is clearly groundless, repetitive or otherwise manifestly excessive, we will either reject the request after notifying the reason thereof to the Consumer or will accept the request by charging reasonable fees after considering the costs required to provide the information. In such case, we will provide you with a estimate of the fees before we respond to your request. 

 

3.6 Non-discrimination 

The Company will not discriminate against any Consumer in exercising his or her rights under the CCPA. Unless permitted by the CCPA, the Company will not discriminate against any such Consumer by:

• refusing to offer goods or services;
• charging different prices or interest rates for goods or services (through granting discounts or other benefits, or imposing penalties);
• offering goods or services of a different level or quality; or
• suggesting that you will receive goods or services at different prices or interest rates, or at different level or quality for the goods or services.

However, the Company may offer certain financial incentives or different pricing or services (hereinafter referred to as "financial incentives") as permitted by the CCPA in connection with the acquisition, retention or sale of personal information, that may result in different level of pricing and quality of the products or services offered. In proposing financial incentives, important conditions will be clearly presented in advance and the prior consent of the Consumers will be obtained. The Consumers may revoke this consent at any time.

Do Not Track (DNT) is a privacy setting feature that can be configured in most browsers. Except as required by law, we do not respond to preference signals. 

 

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. 

California Shine the Light law gives Consumers the right to request annually the content of personal information that businesses disclosed to third parties for direct marketing purposes and a list of the categories of third parties to whom we disclosed such information. To request additional information under this Law, please email us to our email address listed in "Contact Information." We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

 

※ When you make this request, please write "Claims under the California Shine the Light Law" to enable us to properly specify your inquiry.

If you have any questions or comments about this Privacy Policy, please do not hesitate to contact us at: 

By email: info.mai@macnica.com 

By post: Macnica Americas, Inc.

Administration Dept.

380 Stevens Avenue, Solana Beach, California 92075