Your California Privacy Rights

California Privacy Notice

Last updated: November 20, 2023

This Privacy Notice for California Residents supplements the information contained in the general Privacy Notice of Colas Inc. (“Colas,” “we,” or “us”), which is incorporated in this privacy notice by this reference. This privacy notice applies to California residents from whom we collect personal information (“consumers” or “you”) when you visit colasusa.com (the “Website”), who reside in the State of California. We adopt this privacy notice to comply with the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (collectively, (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this privacy notice.

Section 1. Information We Collect
The Website collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). Personal information does not include: publicly available information from government records; deidentified or aggregated consumer information; or information excluded from the CCPA’s scope, such as 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), and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, within the last 12 months Colas’ Website has collected the following categories of personal information from the sources and for the business or commercial purposes described below:

Description of Category	Examples	Source	Business or Commercial Purposes for Collection
Identifiers (“Identity Data”).	A real name, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.	Directly from the consumer; indirectly from the consumer, e.g., through the use of cookies on the Website.	•To fulfill or meet the reason you provided the information. For example, if you provide your name and contact information on a voluntary submission form, we will use that personal information to respond to your inquiry. •As described to you when collecting your personal information. •To provide, support, personalize, and develop our Website. •To target and customize the demographic of users that visit our Website. • To analyze and enhance our marketing communications and strategies. • To protect against fraud and other liabilities.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (“Customer Records Data”).	A name, signature, address, telephone number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. *Some personal information included in this category may overlap with other categories.	Directly from the consumer; indirectly from the consumer, e.g., through the use of cookies on the Website.	•To fulfill or meet the reason you provided the information. For example, if you provide your name and contact information on a voluntary submission form, we will use that personal information to respond to your inquiry. •As described to you when collecting your personal information. •To provide, support, personalize, and develop our Website. •To target and customize the demographic of users that visit our Website. • To protect against fraud and other liabilities.
Internet or other similar network activity (“Internet Use Data”).	Browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.	Indirectly from the consumer, e.g., through the use of cookies on the Website.	•To provide, support, personalize, and develop our Website. •To target and customize the demographic of users that visit our Website.

Purposes for Collection.
In addition to the business or commercial purposes for collection described above, we have in the preceding 12 months collected all categories of personal information described above for the purposes listed in Section 1 of our Privacy Notice, available here. We will continue to collect the categories of personal information described above from the sources and for the business or commercial purposes described above. We may also use or disclose the personal information we collect for one or more of the following purposes:

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.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Colas’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Colas about the users of this Website is among the assets transferred.

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.

Section 2. Retention
We will keep your information for as long as it necessary to provide the Website to you. Thereafter, we will keep your information for as long as is necessary:

to respond to any questions, complaints, or claims made by your or on your behalf;
to show that we treated you fairly; or
to keep records required by law.

We will not retain your information for longer than necessary for the purposes set forth in this privacy notice. When your information is no longer necessary for such purposes, we will delete or, in the case of personal information, anonymize it.

Section 3. Disclosures of Personal Information for a Business Purpose
We may share your personal information for a business purpose to the following categories of third parties:

Service providers.
Internet service providers.
Data analytics providers.
Government entities.
Operating systems and platforms.

When we disclose your personal information to a service provider, we enter into a contract with the service provider that describes the business purpose for which your personal information is disclosed and restricts the service provider from using your personal information for any purpose except performing the contract. In the preceding 12 months, we have disclosed to these third parties the following categories of personal information for a business purpose:

Identity Data.
Customer Records Data.
Internet Use Data.

Section 4. Sales of Personal Information
Our use of tracking technology, including cookies and related technology, may be considered a “sale” or “sharing” under CCPA. If you would like to opt out of the sale or sharing of your information you may click “Do Not Sell Or Share My Personal information” (also found at the bottom of the page), or you may broadcast the Global Privacy Control signal (which can be found at https://globalprivacycontrol.org/).

Although you may opt out of a sale or sharing of your personal information to third parties, please note that our Sites may be still tracked by us and our service providers. We do not knowingly sell or share any personal information of consumers under 16 years of age.

The following are categories of personal information that we sell or share: identifiers, personal information categories listed in the California Customer Records statute, and internet or other similar network activity.

The following are categories of third parties to whom personal information was disclosed that may be considered a “sale” or “sharing” under California law: analytics providers.

Section 5. Your Rights and Choices.
The CCPA provides you as California residents with specific rights regarding your personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights. 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 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting [or selling] that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we disclosed for a business purpose or sold your personal information, two separate lists disclosing:
Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Sales or sharing, identifying the personal information categories that each category of recipient purchased.

Upon request, to the extent possible, we will also transfer your personal information to another entity.

Deletion 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 (see Exercising Access, Data Portability, and Deletion 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 providers to:

Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty conducted in accordance with 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, 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 that consumer’s 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.).
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 informed consent.
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 the information that are compatible with the context in which you provided it.

Data Correction Rights. You have the right to request that we correct inaccurate personal information that we collected from you and retained, taking into account the nature of the personal information and the purposes of processing the personal information. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will use commercially reasonable efforts to correct the inaccurate personal information (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Exercising Access, Data Portability, Deletion, and Correction Rights. To exercise the access, data portability, deletion, and correction rights described above, please submit a verifiable consumer request to us by downloading the “California Consumer Request Form” and emailing the completed form to info@colasinc.com.

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: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) 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 that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us, but we may require authentication of the consumer that is reasonable in light of the nature of the personal information requested. 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 45 days of its receipt. If we require more time (for a maximum total of 90 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 the receipt of a 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 the request 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. Alternatively, we may decline to respond to the request and notify you of our reason for doing so.

Section 6. 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, including denial 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.

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

Section 7. Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.