CA Privacy Policy

Procon Privacy Notice for California Residents

Introduction

This Privacy Notice for California Residents supplements the information contained in Procon's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this 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 notice.

The Information We Collect

Our websites collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Procon's websites have collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • 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 (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Procon obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.

How We Use the Information We Collect

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

• To fulfill or meet the reason 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 returns.
• To provide, support, personalize, and develop our Websites, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To evaluate your candidacy for employment, if you have submitted a job application or inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

Procon 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.

To Whom We Disclose Information and Why

Except as described within this policy, we will not share personal data with a third party unless you consent to the disclosure or the disclosure is required by law. We may disclose aggregated information (information that does not identify any individual) about our Website visitors without restriction.

We do not sell or lease, nor have we in the preceding twelve (12) months sold or leased, any personal information to third parties.

All categories of personal information may be (and have been within the preceding twelve (12) months) shared:

• among Procon and its affiliates and subsidiaries to better provide products and services;
• with contractors, sales representatives, service providers and other third parties who provide support to our businesses and are bound by contractual obligations to keep your information confidential and to use your information only for purposes specified by us;
• with third parties to fulfill the purpose for which you provide it (for example, if you provide contact details to be able to receive our products, we will share that information with freight carriers so that the product will be delivered to you);
• with government or regulatory agencies, when required to do so to comply with a court order, law or legal process;
• with third parties to either enforce our agreements (for example, billing and collection services) or to comply with contractual obligations (for example, as part of the purchase or sale of a business, assets, products or services).

Your Rights and Choices

The CCPA allows users of our websites that are California consumers to request access to, change or erase their personal data. California consumers are California residents who are either within California or outside of California on a temporary basis and includes direct customers, employees and business to business customers. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability

You have the right to request that Procon 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 (section Exercising Your Rights), we will disclose to you:

• The categories of personal information we have collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we shared that personal information and if disclosed for a business purpose, which personal information categories were obtained by which recipient category.
• A copy of the specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (section Exercising Your 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:

• 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, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your 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 [email protected]
• Mailing a request to:
  PROCON US, Inc.
  ATTN: Marketing Dept
  869 Seven Oaks Blvd, Suite120
  Smyrna, TN 37167

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 representative.
• 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 personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

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.

Personal Information Sales Opt-Out and Opt-In Rights

While we do not currently sell any personal information, you still have the right to direct us to not sell your personal information at any time (the "right to opt-out").

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Privacy Policy

Once you make an opt-out request, we are required by law to wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing Do not sell my personal information.

Consumers who opt-in to personal information sales may opt-out of future sales at any time.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the 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 services
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

Procon does not track you over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.

No third parties engaging in online behavioral tracking collect personal data related to your online activities "over time and across different web sites" through any of our websites or online services.

California law allows users of our websites that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected].

Changes to Our Privacy Policy

This policy is current as of the effective date posted at the bottom of this page. Any changes made will be posted on this page, so you are responsible for regularly reviewing this policy for any changes. Your continued use of our websites after any changes to this policy will constitute your acceptance to such modifications and updates.

Contact Information

If you have any questions or comments about this policy or our privacy practices, please contact us by email at: [email protected] or by mail at:

PROCON US, Inc.
ATTN: Marketing Dept.
869 Seven Oaks Blvd, Suite 120
Smyrna, TN 37167

Effective date: March 1, 2023
Last modified: March 2, 2023