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Privacy Policy (California only)

Beacon Lighting America Inc Company Number 6167464 trading as “Beacon Lighting” (we, us, our) is committed to providing you with the best possible customer experience. We are bound by the California Consumer Privacy Act of 2018 and California Consumer Privacy Act Regulations (as amended) (California Privacy Laws). We are committed to protecting and maintaining the privacy, accuracy and security of personal information in accordance with our obligations under the California Privacy Laws. This Privacy Policy sets out our policy about how we collect and manage personal information. By Using our Communication Platforms and our Services, you consent to us managing your personal information, including collecting, holding, using and disclosing your personal information as set out in this Privacy Policy.

What kind of personal information will we collect and hold?

There are many aspects of our Communication Platforms which can be viewed without providing personal information, however, for access to Services you are required to submit personally identifiable information. This may include your name, email address, delivery address, billing address, telephone numbers, credit card or other payment information, date of birth, gender, age, unique user name and password, sensitive information in the recovery of your lost password, your location when you are Online and any other information reasonably required by us and/or or which you provide to us in relation to our Services. When you are Online, we may also collect and hold information about you and your Use of our Communication Platforms, such as the IP address you are using, dates and times that you are Online, any third party website or app from which you linked to our Communication Platforms, statistics (eg. page views, traffic etc.) and other transactional information (eg. your purchase history).

We do not knowingly collect personal information from children under 16 years of age. If you are under 16 years of age, please do not submit any personal information to us. If you are a parent or legal guardian of children under 16 years of age we ask that you do not provide us with any personal information in relation to those children and instruct those children to not provide any personal information to us. If you have reason to believe that a child under 16 years of age has provided personal information to us please contact us as set out in this Privacy Policy, and we will endeavour to delete that information.

How will we collect personal information?

We may collect personal information when we Communicate with you, when you are Online or other forms of contact, as well as from other sources and third parties (eg. your authorised agent). You have the right to remain anonymous or deal with us using a pseudonym where it is reasonable and practical to do so (eg. if you are making an enquiry about our Communication Platforms or the products or services, including the Services, we provide) or where otherwise permitted by law.

We may use "cookies" which enable us to monitor traffic patterns and provide Services more efficiently on our Communication Platforms. A cookie does not identify you personally but it does identify the computer or device you are using, browser type, version and language, operating system, pages viewed while browsing our Communication Platforms, page access times and referring website or app address. You can set the browser to notify you when a cookie is being used so that you either accept or reject the cookie. We may use services offered by Google and other companies to analyse data (eg. traffic) relating to use of our Communication Platforms and to place ads on other websites and apps after you have visited our Communication Platforms. If you do not want to see these ads you will need to contact Google to change your settings.

Our Communication Platforms may link to other websites and apps owned and operated by third parties. We have no control over these third parties, their websites and apps. How they manage your personal information will be set out in their privacy policies. We make no endorsements or recommendations about these third parties or their websites and apps or the products and services they offer. You will need to make your own enquiries and assessment of their suitability.

For what purposes will we collect, hold, use and disclose personal information?

We will use your personal information to provide our Services to you (eg. to respond to an enquiry and/or supply products to you), to verify your identity, to respond to your enquiries, to contact you, to provide you with information and material (eg. marketing material), to notify you about updates to our Communication Platforms and Services, to monitor our Communication Platforms (eg. gauging visitor traffic, trends and delivering personalized content to you while you are Using our Communication Platforms), to profile the type of people using our Communication Platforms and our Services, to perform administrative and operational tasks, to facilitate loyalty programs, surveys, competitions, sweepstakes and contests, to improve our Communication Platforms and our Services, to consider and deal with any concerns or complaints you may have raised, to defend or pursue potential or actual legal claims arising from or in connection with our Communication Platforms and Services, to pursue available remedies or limit damages we may sustain, to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions, to enforce any terms or agreements we enter into with you, to protect our rights, privacy, safety, property, operations, business and systems, to protect the rights, privacy, safety and property of members of the public and users of our Services and/or as required, or otherwise permitted by, law (eg. to comply with our obligations under the California Privacy Laws and any other applicable laws) or you (eg. for a purpose other than those set out above provided that we give you notice and, where required, obtain your consent). We do not sell your personal information for money or other valuable consideration.

If at any time you do not wish to have your personal information used or disclosed as set out in this Privacy Policy (eg. if you no longer wish to receive marketing material from us), you can contact us as set out in this Privacy Policy. However, if you do so, you may not be able to Use our Communication Platforms and we may not be able to provide our Services to you. We may still be required to use or disclose your personal information (eg. to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions).

To whom do we disclose personal information?

We may disclose your personal information to our employees and representatives, partners, affiliates, suppliers, contractors and consultants and third parties authorised by you, assisting us in providing our Services to you, including website hosting, data analysis, payment and credit card processing, infrastructure provision, IT services, customer support services, email delivery services, customer freight shipping and other similar services, in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, in which case you will be notified by email or a prominent notice on our Communication Platforms of any change in ownership, incompatible new uses of your personal information and choices you may have regarding your personal information, government and regulatory authorities as required or authorised by law, our professional advisors as necessary and other third parties as required or permitted by law, some of which may be located overseas.

Our obligations of confidentiality and security

We will take reasonable steps to ensure that both physical and electronic copies of your personal information are kept confidential, secure and are not accessible for unauthorised access, modification, use or disclosure. We will take reasonable steps to ensure that the recipient of your personal` information does not breach the California Privacy Laws, including training employees. Whilst we make all reasonable efforts to keep your personal information which we collect and hold secure, we cannot guarantee the security of transmission of your personal information over the internet and you do so at your own ris

Your rights relating to your personal information

If you are a California resident, you may have a right to request access to, to update, to restrict either temporarily or permanently us dealing with, to have us transfer to a third party, to have us delete and/or to disclose to you certain information about our collection, use and disclosure of, your personal information, to opt-out of the sale of your personal information or to object to our use of your personal information, subject to exceptions allowed by law. The CCPA defines the term “Sale” broadly, and includes the selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating (collectively a “Sale”) of your personal information by us to a third party for monetary or other valuable consideration. If you would like to make a request, please complete the relevant portion of the form or if you would like to submit a request as an authorised agent on behalf of another individual please contact us as set out in this Privacy Policy. We may ask you to verify your identity (eg. we may ask you to submit your email address) first and ask you to put your request in writing for security reasons. Once you have submitted your request, please check the email address that you entered for an email from us with further instructions to verify your request. You must follow the instructions in that email to submit your request. If you do not receive an email from us within 24 hours, please contact us as set out in this Privacy Policy. Except where prohibited by law, we reserve the right to charge a fee on a per request basis.

We will take reasonable steps to ensure that your personal information we hold is accurate, up-to-date and complete. To help us do this we need you to make sure that you provide us with the correct information and contact us immediately as set out in this Privacy Policy if any of your personal information needs updating.

We will hold your personal information until such time as we no longer need it or for a reasonable time after you ask us to stop holding your personal information, at which time we will destroy, delete or de-identify your personal information.

In some circumstances, we may refuse a request from you (eg. access would have an unreasonable impact on the privacy of others, the information relates to existing or anticipated legal proceedings and the information would not be discoverable in those proceedings, giving you access would be unlawful, denying access is otherwise required or authorised by law or the request for access is frivolous or vexatious). We will provide you with an explanation in writing if we deny any request and details of any right to appeal the decision to us. In some circumstances where we correct a record, we may still require the retention of the original record.

The table below sets out the categories of personal information specified under the California Privacy Laws that we collect from you:

Categories of personal information specified under the California Privacy Laws Personal information we collect from you
Identifiers such as 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. Yes
Customer records such as your 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. Yes
Characteristics of protected classifications under California or federal law. Yes
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
Biometric information such as physiological, biological or behavioural characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity, including imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. No
Internet or other electronic network activity information, including browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement. Yes
Geolocation data. Yes
Audio, electronic, visual, thermal, olfactory, or similar information. Yes
Professional or employment-related information. Yes
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99). . No
Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes. Yes
Sensitive personal information. Yes

 

How can you complain if we breach the California Privacy Laws and how will your complaint be handled?

If you have a complaint about the way in which we have managed your personal information please contact us as set out in this Privacy Policy. We will provide you with a privacy complaint form to complete and return. We will respond to your complaint in writing and in accordance with any timeframes required by law. We may request you to provide further information about your complaint so that we can assess and deal with your complaint. If for any reason you do not wish to complain to us initially or if we are unable to resolve your complaint to your satisfaction, a complaint may also be made to the Office of the Attorney General - Consumer Complaint Against A Business/Company | State of California - Department of Justice - Office of the Attorney General. If you choose to file a complaint with the Office of the Attorney General, you will need to explain exactly how we have violated the CCPA, and describe when and how the violation occurred. Please note that the Attorney General cannot represent you or give you legal advice on how to resolve your complaint.

How can we update this Privacy Policy?

This Privacy Policy was last updated on 14 July 2021. We reserve the right to update this Privacy Policy at any time, by publication on our Communication Platforms or through our Services. You will be bound by any updates to this Privacy Policy on publication or notification, unless otherwise set out in this Privacy Policy or the notice. If you have objections to the Privacy Policy, you should not access or use the Communication Platforms or our Services. You can request a hard copy of our current Privacy Policy at any time free of charge by contacting us as set out in this Privacy Policy.

How you can contact us?

We welcome your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy or you or your authorised agent need to contact us (eg. to ask for a copy of this Privacy Policy in a hard copy or some other alternative format, to access or update your information or to make complaint or for any other reason) please contact our privacy officer by any of the following means:

Telephone: 1-888-858-6005 (during business hours Monday to Friday)

E-mail: support@beaconlighting.us

Post: Attn: Privacy Officer, Beacon Lighting America Inc., 501 W Broadway, Suite 800, San Diego, California, 92101, United States

If you would like to make a request to exercise any privacy rights as an authorised agent on behalf of another individual please ensure that you include in the subject line of the email “CCPA Rights Request” and identify in the email which privacy right(s) you would like to exercise on behalf of that individual. We may ask you to verify your authority and ask you to put your request in writing for security reasons. Once you have submitted the request, you will need to check the email address that you entered for an email from us with further instructions to verify your request. You must follow the instructions in that email to submit your request. If you do not receive an email from us within 24 hours, please contact us as set out in this Privacy Policy. Except where prohibited by law, we reserve the right to charge a fee on a per request basis.

The California Privacy Laws prohibit discrimination against California consumers for exercising their rights under the California Privacy Laws and imposes requirements on any financial incentives offered to California consumers related to their personal information, unless the different prices, rates, or quality of goods or services are reasonably related to the value of the consumer’s data. We do not discriminate against consumers when they exercise their rights under the California Privacy Laws.

Definitions

In this Privacy Policy unless the context indicates otherwise –

  • Communicate, Communications means any form of communication including in person (eg. instore), by post, telephone, email or any other form of messaging or communication;
  • Communication Platforms means any websites, applications for use on mobiles and other technological devices (apps), social media sites and other systems, technologies and/or facilities used by us to provide our Services and otherwise Communicate with you;
  • Online means when you are Using our Communication Platforms and Services;
  • Use, Using means when you visit, access and/or use our websites, social media sites and download, register on, visit, access and/or use our applications and any other systems, technologies and/or facilities;
  • you, your means any person (eg. customer or prospective customer) Using our Communication Platforms and/or our Services whose personal information is, or is likely to be, collected and/or managed by us;
  • Services means use of our Communication Platforms, marketing and offering for sale and selling products and services Online or in store, delivering products and services, dealing with enquiries and/or complaints any other related services which require us to collect, hold, use and/or disclose personal information as set out in this Privacy Policy;
  • words and phrases not defined in this Privacy Policy will have the meaning given to them in the California Privacy Laws;
  • a reference to –
    • a person includes an individual, a body corporate and a government;
    • “includes” means “includes without limitation” and “including” means “including without limitation”;
    • an example is descriptive only and is not intended to be exhaustive.

The provisions of this Privacy Policy will be separate and severable from each other to the extent that if any provision or provisions are considered inoperative, then the remaining provision or provisions will be binding on and enforceable by us and you.

Except to the extent prohibited by law, any terms implied or imported by application of law are excluded from this Privacy Policy.

This Privacy Policy is governed by the laws of the State of California and the parties submit to the jurisdiction of the Courts of that State and Courts competent to hear appeals from those Courts.