1. California Consumer Privacy Act Notice ("CCPA Notice")
CCPA Notice Effective Date: July 1, 2023
This CCPA Notice for California Residents applies to all individuals who qualify as "consumers" as defined under the California Consumer Privacy Act of 2018, as amended (the "CCPA") and is provided as a supplement to all other privacy policies or notices of Advantest America, Inc., together with its direct and indirect subsidiaries, including Advantest Test Solutions, Inc., Essai, Inc. and R&D Altanova, Inc. (collectively, "AAI", "we", "us").
Sections a. and b. of this CCPA Notice cover our collection, use, disclosure, sharing and sale of California consumers' "personal information" (as defined by the CCPA) for the twelve (12) months preceding the CCPA Notice Effective Date, except to the extent such personal information is exempt from the notice obligations of the CCPA, and will be updated annually. Our practices after the CCPA Notice Effective Date may differ. Section c. of this CCPA Notice describes your rights under the CCPA and explains how to exercise those rights.
a. Personal Information We Collect
We give you notice that we collect the following types of personal information about California consumers, and use and disclose it as set forth below. This CCPA Notice will be updated annually, and our current privacy notices at the point of collection, and general privacy policies, may reflect more current practices. In particular, we have collected the following categories of personal information from consumers in the preceding twelve (12) months:
|Identifiers.||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.||Until opt out for newsletters; 10 years from receipt for all other information.|
|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.
|Until opt out for newsletters; 10 years from receipt for all other information.|
There may be additional information that we collect that meets the CCPA's definition of personal information but is not reflected by a category, in which case we will treat it as personal information as required by the CCPA, but will not include it when we are required to describe our practices by category of personal information.
As permitted by applicable law, we do not treat de-identified data or aggregate consumer information as personal information and we reserve the right to convert, or permit others to convert, your personal information into de-identified data or aggregate consumer information, and may elect not to treat publicly available information as personal information. We have no obligation to re-identify information or keep it longer than we need it to respond to your requests.
Sources of Personal Information:
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you or from your device, such as when you complete forms; and
- From our affiliates and related entities.
Use/Purpose of Personal Information:
Generally, we collect, retain, use, and disclose your personal information to provide you services and as otherwise related to the operation of our business. For more detail on our disclosures of personal information, see the next section. We collect, use and share the personal information we collect for one or more of the following CCPA-defined business purposes (Section 1798.140(d)(1)-(7):
- Providing services: Providing the services that we offer to you, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.
- Auditing: Auditing related to interactions with consumers/transactions (e.g. counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards).
- Security: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity).
- Repairing errors: debugging to identify and repair errors that impair existing intended functionality.
- Short term use: short term use without disclosing to third parties, using to create profiles, or using for contextual customization of ads.
- Research: Research purposes, including internal research for technological development and demonstration.
- Quality/safety maintenance: Maintaining the quality and safety of our services, including undertaking activities to verify or maintain the quality or safety of a service or device and to improve, upgrade, or enhance the service or device.
Subject to restrictions and obligations of the CCPA, our vendors may also use your personal information for some or all of the Business Purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an additional Business Purpose for which we are providing you notice.
In addition, we may collect, retain, and use personal information for the purpose of sharing it as set forth in the next section.
b. Sale, Sharing and Other Disclosure of Personal Information:
We do not sell or share any of your personal information that is collected (as such terms are defined by the CCPA).
We therefore do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age.
We do not use or disclose sensitive personal information for purposes other than those specified in section 7027(m) of the CCPA.
c. California Privacy Rights:
If you are a California consumer, you have the following rights under California law. As permitted by the CCPA, any request you submit to us is subject to an identity verification process ("Verifiable Consumer Request") as described below in the "How to Submit a Request" section below. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected personal information.
Some personal information we maintain about consumers is not sufficiently associated with enough personal information about the consumer for us to be able to verify that it is a particular consumer's personal information when a consumer request that requires verification pursuant to the CCPA's verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that personal information in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create a password-protected account with us to make a Verifiable Consumer Request, but we may require a password-protected account if you do have an account. We will use personal information provided in a Verifiable Consumer Request only to verify your identity or authority to make 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 consumer personal information that we collect, use, store, disclose and otherwise process and to respond to your Verifiable Consumer Requests. We will typically not charge a fee to respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request 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 will charge you for responding to your request.
- Right to know: You have the right to know what personal information we have collected about you no more than twice in a 12-month period, including: (1) the specific pieces of personal information we have collected about you; (2) the categories of personal information collected; (3) the categories of sources from which the personal information is collected; (4) the purposes for which we collected, sold or shared your personal information; (5) the categories of third parties to whom we have disclosed personal information about you; (6) a list of the categories of personal information disclosed for a business purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred; and (7) a list of the categories of personal information sold or shared about you in the prior 12 months and, for each, the categories of recipients, or that no sale/sharing occurred.
- Right to delete: You have the right to request deletion of the personal information that we have collected directly from you. After we confirm that your deletion request is a Verifiable Consumer Request, we will either (i) permanently erase your personal information on our existing systems with the exception of archived or back-up systems, (ii) deidentify your personal information, or (iii) aggregate your personal information with other information (i.e., such that it no longer constitutes personal information). In our response to your request to delete, we will tell you the method for deleting your personal information. However, the law provides certain exceptions that allow us to retain the information even if you have requested that it be deleted, in which case we will tell you which ones apply and limit retention to the permitted purpose(s).
- Right to correct inaccurate personal information: You have the right to request that we correct any inaccurate personal information that we have collected from you.
- Right against discrimination: You have the right to not be discriminated against because you have exercised any of your above rights conferred by the CCPA, including an employee's, job applicant's, or independent contractor's right not to be retaliated against for the exercise of their CCPA rights. Discrimination includes, but is not limited to, denying goods or services, charging different prices or rates for goods or services, providing a different level or quality of goods or services. Businesses however are allowed to charge you a different price or rate, provide a different level or quality of goods or services, or offer financial incentives if the difference is reasonably related to the value provided to the business by your data and that the financial incentive practices are not unjust, unreasonable, coercive, or usurious in nature. We do not currently offer any financial incentive or price or service differences.
How to exercise your rights/submit a request:
If you are a California consumer, you can exercise your right to know, right to delete or right to correct as set forth in this section. Only you, or someone legally authorized to act on your behalf (an "authorized agent"), may make a request to know, delete, or correct related to your personal information. To designate an authorized agent, please provide us with your contact information, the contact information of your authorized agent, and a description of how and when your authorized agent will be reaching out to us (to the extent known).
To make a request to know, delete or correct, please submit your request to us by either:
- Emailing us at AAI_privacy.firstname.lastname@example.org
- Call us at 844-943-1783
Verifying Your Request:
In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. For a request for specific pieces of personal information, we are required to verify a consumer's identity to high degree of certainty, which may include matching at least three data points provided by the Consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request.
We reserve the right to request additional information in order to verify your identity.
2. California "Shine the Light" Notice
If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us in the following ways: 3061 Zanker Rd San Jose, CA, 95134 or by e-mail at AAI_privacy.email@example.com. Please note that the CCPA and Shine the Light are different laws offering different rights and requests must be made separately as explained in Sections 1 and 2 of this CCPA Notice.
How to contact us:
If you have any questions about this CCPA Notice or practices described in it, please contact us at via email at AAI_privacy.firstname.lastname@example.org or by calling toll-free: 844-943-1783.