Privacy Notice for California Residents

Effective Date: May 27, 2022
Last Updated:  June 3, 2022

1. Introduction
   This Privacy Notice for California Residents (the “Notice”) supplements the information contained in the NAPA Management Services Corporation (“NAPA,” “we,” “us,” “our”) Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“user(s),” “you,” or “your”). 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. This Notice governs our Site and Services, as those terms are defined in the Privacy Policy.
2. Information We Collect
   Our Services 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”). Below, we have provided a list of categories of Personal Information and examples of the types of Personal Information we collect that may fall within those categories.Within the last twelve (12) months, our Services have collected the following categories of Personal Information from consumers:
   • Identifiers.
   • Personal Information Categories Listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
   • Protected Classification Characteristics Under California or Federal Law.
   • Internet or Other Similar Network Activity.
   • Geolocation Data.
   • Professional or Employment-Related Information.
   • Inferences Drawn from Other Personal Information.

   NAPA obtains the categories of Personal Information listed above from the following categories of sources:

   • Directly from you. For example, from information you provide through the Site and Services and through any correspondences, such as when you request to receive information or support.
   • Indirectly from you. For example, from observing your actions on our Site through the use of automated data collection tools.
   • From third parties. For example, from our business partners and service providers, who provide us with your Personal Information as directed by you or in connection with our Site and Services or our relationship with the third party.
3. Use of Personal Information
   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 Personal Information. For example, if you share your name and contact information to ask a question about our Site, we will use that Personal Information to respond to your inquiry.
   • To establish and secure accounts to use the Services, check on your account status, and to validate your username, e-mail, password, and/or other login credentials.
   • To provide, support, personalize, and develop our Services, including without limitation, to conduct aggregate or research analysis and develop business intelligence that helps us to enhance, improve, evaluate, operate, protect, make informed decisions about, and report on the performance of our Services.
   • To communicate information and promotional materials to you, where you have not expressed a preference otherwise, and to send you information and updates about the Services.
   • To serve advertisements tailored to your interests and to improve our marketing and advertising performance on the Services.
   • To notify you of any changes to relevant agreements, policies, or other terms, and to enforce such terms.
   • To work with our service providers, who perform certain business functions or services on our behalf.
   • To prevent or investigate fraud, or for risk management purposes, and to help maintain the safety, security, and integrity of our Site, databases and other technology assets, and business.
   • To comply with legal obligations, court orders, or in order to exercise any legal claim or to defend against any legal claim.
   • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.
   • As otherwise described to you when collecting your Personal Information or as set forth 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.

4. Sharing Personal Information
   We may disclose your Personal Information to a third party for a business purpose. We share your Personal Information with the following categories of third parties:
   • Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Notice which are required to treat the information in accordance with this Notice.
   • Service providers and other third parties that help us administer and provide the Site and Services (for example, a web hosting company whose services we use to host our platform). These third parties have access to your Personal Information only for the purpose of performing services on our behalf.
   • Advertising and marketing partners and service providers, who create or distribute advertising materials and campaigns and with whom we may share your Personal Information for purposes of serving interest-based or targeted advertisements;
   • Authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize a third-party application provider to access your account. The use of your Information by an authorized third party is subject to the third party’s privacy policy;
   • Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy; or
5. Disclosures of Personal Information for a Business Purpose
   In the preceding twelve (12) months, NAPA has disclosed the following categories of Personal Information for a business purpose:
   • Identifiers.
   • California Customer Records Personal Information categories.
   • Protected classification characteristics under California or federal law.
   • Internet or other similar network activity.
   • Geolocation data.
   • Professional or employment-related information.
   • Inferences drawn from other Personal Information.

   We disclose your Personal Information for a business purpose to the following categories of third parties:

   • Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Notice which are required to treat the information in accordance with this Notice;
   • Service providers and other third parties that help us administer and provide the Site and Services (for example, a web hosting company whose services we use to host our platform). These third parties have access to your Personal Information only for the purpose of performing services on our behalf;
   • Authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize a third-party application provider to access your account. The use of your Information by an authorized third party is subject to the third party’s privacy policy;
   • Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy.
6. Your Rights and Choices
   The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. The following sections describe your CCPA rights and explains how to exercise those rights.
7. 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 twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), 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 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).
8. 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 (see Exercising Access, Data Portability, and Deletion Rights, below), 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.).
   • 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 that information that are compatible with the context in which you provided it.
9. Exercising Access, Data Portability, and Deletion Rights
   To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
   • Calling us at (844) 975-2634.
   • Emailing your inquiry to webinquiries@NAPAanesthesia.com (ATTENTION: Security Officer RE: CCPA INQUIRY)

   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. To authorize an agent to act on your behalf with respect to the rights contained in this Notice, we may require proof from the agent that you have provided the authorized agent written permission to do so, and we may require that you verify your own identity directly with us. If you have provided the agent with power of attorney, that may be sufficient.

   You may only make a verifiable consumer request for access or data portability twice within a twelve (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. To verify your requests, we ask that you provide information required to match the request with the consumer about whom information has been collected or utilize the authentication practices for your password-protected account. We verify requests by matching information you provide to information that we maintain in our records. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

10. 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 an additional forty-five (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 twelve (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, such as a CSV, Excel, or similar file format.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.
11. 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.

    However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. 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.

12. Other California Privacy Rights
    California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to webinquiries@NAPAanesthesia.com.
13. Changes to Our Privacy Notice
    NAPA reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Site and update the Notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
14. Contact Information
    If you have any questions or comments about this notice, the ways in which NAPA collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative(s) at the following:

    By e-mail:	webinquiries@NAPAanesthesia.com
    By telephone:	(844) 975-2634
    By regular mail:	NAPA Management Services Corporation ATTN: Privacy Officer 1305 Walt Whitman Road, Suite 300 Melville, New York 11747