CA Privacy Act

Effective Date: January 1, 2020

Last Reviewed: March 2, 2020

This California Privacy Notice supplements the information contained in Caliber’s Privacy Policy & Notice and applies solely to all site visitors or customers who reside in California. This Notice is provided pursuant to the California Consumer Privacy Act of 2018 (CCPA) and the terms in this Notice have the same meaning as defined in the CCPA (to the extent terms are defined therein). We kindly ask that you direct other individuals who may be involved in your transaction with Caliber (e.g., other persons who are authorized to drive your vehicle, authorize repairs to your vehicle, pay for repairs to your vehicle or pick up your vehicle upon completion of repairs) to view this Notice and to contact Caliber with any questions or concerns, or to exercise any of their rights under the CCPA.

We reserve the right to amend this Notice at our discretion, at any time and without sending notice to you. When we make changes to this Notice, we will post the updated Notice on this web page and update the effective date. This Notice is not a contract and does not create any contractual rights or obligations.

Information We Collect

Through our website and services, we collect, either directly or indirectly from you, different categories of personal information, including (1) identifiers, (2) sensitive personal information, (3) internet or other network activity information, (4) commercial information, and (5) information described in California Civil Code § 1798.80(e). In particular, we may collect the following information from you:

We do not collect the following categories of personal information:(1) protected classification characteristics under California or federal law (e.g., race, national origin, gender, or sexual orientation,); (2) biometric information; (3) geolocation data; (4) sensory data; (5) employment-related information; (6) education-related information; or (7) inferences drawn from other personal information. Please note that we may collect information about veteran or military status for purposes of participation in veteran-specific programs or delivery of veteran-specific benefits.

Please be advised that “personal information” does not include information which is publicly available, anonymized or aggregated, as well as other information which is excluded from the CCPA’s scope (e.g., information covered by other privacy laws such as the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act or California Financial Information Privacy Act, and the Driver’s Privacy Protection Act).

We collect the above information either directly from you, e.g., from forms you submit through our website, or indirectly from you, e.g., from observing your actions on our website.

Use of Personal Information

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

• To fulfill, address or respond to the reason you provided the information or complete the transaction you requested. For instance, if you share your name and contact information to ask a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase or authorize a service, we will use that information to process your payment, facilitate performance of the service, and to contact you about the status of your service. We may also save your information to facilitate future orders and services, and to facilitate warranty repair services.
• To provide, support, personalize and develop our website and services.
• To process your requests, purchases, transactions and payments, and prevent fraud in connection therewith.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses and services.
• For testing, research, analysis, and service development, including to develop and improve our website and services.
• To respond to inquiries or investigations of our regulators or other governmental agencies.
• To respond to law enforcement requests and as required by applicable law, court order, or regulations.
• To seek payment from insurers or to respond to insurance investigations.
• As described to you when collecting your personal information or as otherwise permitted in the CCPA.

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.

We may keep the personal information we collect until we no longer need the information to provide services to you, complete our transaction with you, to enable us to communicate with you about our service, for our research, evaluation of use, or troubleshooting purposes, for our analysis to improve quality of our services, or to satisfy our legal, regulatory, insurance or contractual obligations.

Sharing of Personal Information

We may share your personal information to our service providers performing marketing and advertising services on our behalf. When we disclose your information to these parties, we enter into a contract limiting the use of your information for the specific purpose stated and requiring that the recipient both maintain the confidentiality of your information and refrain from using it for any other purpose. The information that we share with our marketing and advertising service providers is limited to identifiers such as your name, phone number, email address and mailing address.

In the preceding twelve (12) months, we have disclosed identifiers such as your name, email address and mailing address to our service providers for our business and marketing purposes. Additionally, beginning in 2020, we also disclose telephone contact information, including mobile telephone information, to our service providers for our business and marketing purposes.

We do not sell, trade or rent your personal information to unaffiliated third parties, such as sellers of goods or services, for their own marketing purposes.

Your Rights & Choices

Access. As a California resident, 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 twelve months. Once we receive and verify your request (see “How To Exercise Rights & Choices”), we will disclose to you:

• Categories of personal information we collected about you.
• Categories of courses for the personal information we collected about you.
• Business purpose for collecting or sharing that information.
• Categories of third parties with whom we share that personal information.
• Specific pieces of personal information we collected about you (a “data portability request”).
• If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of receipt obtained.

Deletion. You have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request (see “How to Exercise Rights & Choices”), we will delete (and direct our service providers to delete) your personal information from our records, unless retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, fulfill the terms of our written warranty in accordance with the Magnuson-Moss Warranty Act or other federal law, provide a 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, resist malicious, deceptive, fraudulent or illegal actions, and to help prosecute those responsible for such actions.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, 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 informal consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with regulatory requirements or other legal obligations.
• Respond to regulatory, law enforcement or insurance investigations, or to respond to a subpoena.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We may maintain a confidential record of deletion requests solely for the purpose of preventing your personal information from being sold, for compliance with applicable law, or for other purposes permitted under the CCPA.

Correction. You may at any time direct us to correct any inaccuracies in the personal information that we maintain about you. Upon receiving and verifying your request to correct inaccurate personal information (see “How to Exercise Rights & Choices”), we will use commercially reasonable efforts to correct the inaccuracy.

Restrict Use or Disclosure of Personal Information for Advertising & Marketing. We may use, or share to our service providers, personal information about you for our own advertising and marketing purposes. You have the right, at any time, to request that we not use your sensitive personal information or disclose it to a service provider for advertising and marketing purposes. Once we receive and verify your request (see “How to Exercise Rights & Choices”), we will no longer use or share your personal information for advertising or marketing purposes.

How to Exercise Rights & Choices. To exercise the access, data portability, correction, deletion and advertising use restriction rights described above, please submit a verifiable consumer request to us either by:

• Toll-free number at (844) 685-0167.
• Submitting a completed CA Privacy Act Request Form, found below
• Mail at the address provided at the end of this Notice (see “Contact Us”)

Only you, or a person legally authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child.

You may only make a request for access or data portability twice within a 12-month period. Your request must (1) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (2) 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 requested personal information relates to you. Making a verifiable request does not require you to create an account with us. We will only use personal information provided in a request to verify the requester’s identity or authority to make the request.

Timing & Format of Responses. We will do our best to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. 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 our receipt of the verifiable consumer request. 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 rights under California law. Unless permitted by applicable law, we will not deny you goods or services, charge you different rates for goods or services, provide you with a different level or quality of goods or services, or suggest that you may receive a different rate for goods or services or a different level or quality of goods or services.

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

Contact Us

If you have any questions or concerns about this California Privacy Notice, the ways in which Caliber collects and uses your information described above, or your choices and rights regarding such use, please do not hesitate to contact us at:

Marketing Department
2941 Lake Vista Drive
Lewisville, TX 75067
Phone: 469.948.9500

Email: [email protected]