Privacy Notice for California Consumers
Effective Date: January 1, 2020
This Privacy Notice for California Consumers (as may be amended from time to time, this “Notice”) is being provided in connection with the California Consumer Privacy Act of 2018 (including the regulations that may be promulgated thereunder, and as each may be amended from time to time, the “CCPA”). This Notice details important information regarding the collection, use and disclosure of Personal Information (as defined in the CCPA) of AHS customers, website visitors, users and other natural persons who are residents of the State of California (“Consumers” or “you”). This Notice supplements the information contained in AHS’s privacy policy (the “AHS Privacy Policy”), available at https://www.ahs.com/privacy-policy/; provided that (a) the terms and conditions of the AHS Privacy Policy intended to be applicable to you shall be applicable only to the extent such terms and conditions are allowable under all applicable law, including the CCPA, and (b) in the event of a conflict between the terms and conditions of the AHS Privacy Policy and this Notice, the terms and conditions of this Notice shall govern such conflict in all respects to the extent this Notice is legally applicable and such conflict resolution is allowable under all applicable law, including the CCPA. Any terms used but not defined herein have the meanings given to such terms in the AHS Privacy Notice or the CCPA, as applicable
This Notice does not apply to (a) certain natural persons who are job applicants, employees, owners, directors, officers, medical staff members or contractors of AHS (or any emergency contact persons to such natural persons) solely to the extent otherwise applicable Personal Information is collected in connection with such role, (b) certain communications and transactions between AHS and natural persons acting as employees, owners, directors, officers or contractors of an entity and whose communication or transaction occurs solely in the business context and (c) certain other communications, transactions and information, as set forth in the CCPA
Information We Collect
We collect Personal Information as defined in the CCPA. Personal Information can generally be described as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
We have collected the following categories of Personal Information from Consumers within the last twelve (12) months (and anticipate collecting these categories of Personal Information in the future):
1. Identifiers and Personal Information categories listed in the California Customer Records statute
Examples
Real name, signature, postal, billing or property address, telephone number, online identifier, internet protocol address, email address, account name, bank account number, credit card number, debit card number or other financial information
Sources (see categories below)
1, 2, 3, 4, 5
Purpose
Those purposes listed below under “Use of Personal Information”
2. Commercial information
Examples
Records of personal property, products or services purchased, obtained or considered
Sources (see categories below)
1, 2, 3, 5
Purpose
Those purposes listed below under “Use of Personal Information”
3. Internet or other electronic network activity
Examples
Browsing history, search history or other information on your interaction with our website, application or advertisement
Sources (see categories below)
2
Purpose
Those purposes listed below under “Use of Personal Information”
4. Sensory data
Examples
Call recordings used to verify certain transactions
Sources (see categories below)
1, 3
Purpose
Those purposes listed below under “Use of Personal Information”
5. Inferences from Personal Information collected
Examples
Your preferences or likelihood of interest in certain of our services
Sources (see categories below)
2, 4
Purpose
Those purposes listed below under “Use of Personal Information”
Sources of Information Collected
We collect the Personal Information listed and described above from the following categories of sources:
1. directly from Consumers or their agents. For example, from forms you complete (whether on an AHS Application or otherwise) or products and services you purchase;
2. indirectly from Consumers and their agents. For example, from observing your actions, and collecting information requested from you, on AHS Applications;
3. from third parties that we interact with in the course of providing products or services to Consumers. For example, from service providers we contract with to fulfill work orders;
4. from third parties from whom we purchase Personal Information in order to provide a new or better service to you or prospective customers; and
5. from public sources, such as county and state tax and property records, government agencies and multiple listing services.
Use of Personal Information
We may use or disclose the Personal Information we collect for one or more of the following commercial or business purposes:
- to allow you to register, create and maintain an account and profile;
- to share your Personal Information with our affiliates and susidiaries, where we consider appropriate;
- to fulfill or meet the reason you provided the Personal Information, including evaluating and completing transactions. For example, if you share your name, address and other contact information to request a price quote or ask a question about our products or services, including available home service
plans, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service,
including a home service plan, we will use that information to process your payment and facilitate delivery of any items to be delivered in connection
with such purchase. We may also save your information to facilitate new product or service orders, promotions, contests or sweepstakes; - to fulfill and facilitate any repair or replacement obligations owed to you in connection with any home service plan covering your property, incuding sending you maintenance communications;
- to provide, support, personalize, develop and improve AHS Applications, products and services in order to better serve you and prospective customers, including facilitating your participation in surveys or communications with AHS Communication Services (where available);
- to provide you with support and to respond to your inquiries and requests, including to investigate and address your concerns and monitor and improve our responses to your inquiries and requests;
- to personalize and improve your AHS Application experience and to deliver content and product and service offerings relevant to you, including
targeted offers and ads through AHS Applications, third-party sites and via email or text messaging (with your consent, where required by applicable law); - to help maintain the safety, security and integrity of AHS Applications, products, services, databases and other technology assets;
- for testing, research, analysis and product development;
- to respond to law enforcement requests and as required by applicable law, court order or governmental regulations;
- to prevent transactional fraud and other illegal activity and to protect the rights, property and safety of us, you and others;
- to evaluate or conduct a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other transaction involving some or all of our assets that include Personal Information; and
- as otherwise may be described to you when collecting your Personal Information (whether as described in the AHS Privacy Policy or this Notice) or as otherwise set forth in the CCPA.
We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes as compared to those described in this Notice without first, (a) with respect to collection, providing you notice of such collection and (b) with respect to use, providing you notice of such use and receiving your explicit consent to such use.
Sharing Personal Information for a Business Purpose
We share your Personal Information for a legitimate business purpose with the following categories of third parties:
1. Service providers, including advertisers, data brokers or aggregators, analytics providers, direct-mailing service providers and email-marketing service providers;
2. AHS’s subsidiaries and affiliates (“Affiliates”); and
3. third parties to whom you or your agents instruct or authorize us to disclose your Personal Information in connection with the relationship (or prospective relationship) you have with AHS (“Authorized Parties”); for example, disclosure made in connection with real estate transactions where we disclose your Personal Information to real estate agents, title companies, attorneys or financial institutions
When we disclose Personal Information for a business purpose to a Service Provider, we enter into a written contract with the applicable Service Provider that (a) describes the services to be provided, (b) requires such Service Provider to keep any Personal Information we have disclosed thereunder confidential and (c) prohibits such Service Provider from using such Personal Information for any purposes except those purposes explicitly set forth in the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose to the following third parties:
1. Identifiers and Personal Information categories listed in the California Customer Records statute
Categories of Third Parties
Service Providers
Affliates
Authorized Parties
2. Commercial Information
Categories of Third Parties
Service Providers
Affliates
Authorized Parties
3. Internet or other electronic network activity
Categories of Third Parties
Service Providers
Affliates
4. Inferences from Personal Information collected
Categories of Third Parties
Service Providers
Affliates
Sales of Personal Information
In the preceding twelve (12) months, we have not sold Personal Information. In addition, we will not sell Personal Information during any time period in which this Notice does not set forth instructions with respect to a Consumer’s “right to opt-out” of the sale of Personal Information.
Your Rights and Choices
The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your rights under the CCPA and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
- all categories of Personal Information we have collected about you in the twelve (12) months prior to our receipt of your Verified Request;
- 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 Verified Request (as defined below), we will disclose to you:
- all categories of sources from which we have collected Personal Information about you in the twelve (12) months prior to our receipt of your Verified Request;
- our business or commercial purpose for collecting, selling or disclosing, as applicable, such Personal Information;
- the categories of third parties with whom we have shared any such Personal Information for a business purpose, organized in a list (which such list shall be separate from the list detailing the third parties to whom any such Personal Information was sold) that shows the categories of any such Personal Information we shared with each category of third party (or, if we have not shared any such Personal Information, we shall disclose the same);
- the categories of third parties to whom we have sold any such Personal Information, organized in a list (which such list shall be separate from the list detailing the third parties to whom any such Personal Information was shared for a business purpose) that shows the categories of any such Personal Information sold to each category of third party (or, if we have not sold any such Personal Information, we shall disclose the same); and
- the categories of third parties to whom we have sold any such Personal Information, organized in a list (which such list shall be separate from the list detailing the third parties to whom any such Personal Information was shared for a business purpose) that shows the categories of any such Personal Information sold to each category of third party (or, if we have not sold any such Personal Information, we shall disclose the same); and
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 Verified Request, we will remove (and direct our Service Providers to remove) such Personal Information from our records, unless an exception applies.
- We may deny your deletion request to the extent that retaining the Personal Information is necessary for us or our Service Providers to:
- (i) complete the transaction for which we collected the Personal Information, (ii) provide a good or service that you requested (or that is reasonably anticipated to be requested within the context of our ongoing business relationship), or (iii) otherwise perform a contract with you;
- detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities;
- debug products or software 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 any other right provided for by applicable 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 your expectations based on your business relationship with us;
- comply with a legal obligation; or
- make use of such Personal Information for other internal and lawful purposes that are compatible with the context in which you provided such Personal Information.
If it is necessary for us to retain certain information, we will inform you of the basis for such retention in response to your request. For example, as a provider of home service plans, we may retain, for internal purposes, certain information relating to the service performed on your home.
You may also control certain uses of your Personal Information by opting out of marketing communications as described in the “Choice and Opt Out” section of the AHS Privacy Policy.
Exercising Access, Data Portability and Deletion Rights
- To exercise the access, data portability or deletion rights described in this Notice, please submit a verifiable consumer request to us (a “Verified Request) by either:
- calling us at 1-833-839-7887;
- completing an online form available here
Only you, or someone legally authorized to act on your behalf (an “Authorized Agent”), may make a Verified Request related to your Personal Information. To designate an Authorized Agent, please email us at privacy@ahs.com or write us at:
Office of the General Counsel
Attention: Privacy Coordinator
American Home Shield Corporation
150 Peabody Place, Suite 300
Memphis, TN 38103
A Verified Request must describe your request with sufficient detail such that the Verified Request allows us to properly understand, evaluate and respond to it. In addition, your Verified Request must provide sufficient information that allows us to reasonably verify you are the Consumer about whom we collected Personal Information or an Authorized Agent of such Consumer, which such verification may include:
- California residency verification;
- verification of first name, last name, phone number, property address, contract number, phone number or email;
- re-verification through phone, email or other communication mediums (in particular, if a request to delete is made online); and
- with respect to Authorized Agents, (a) a signed authorization from the applicable Consumer evidencing such designation and (b) verification of such Consumer’s identity in accordance with the verification methods applicable to other Consumers.
We cannot respond to a request to provide you with Personal Information if we cannot verify (a) your identity, (b) a purported agent’s identity or authority to make the request or (c) that the requested Personal Information relates to you. If we deny your Verified Request to know specific pieces of Personal Information, we will inform you and explain the basis for such denial in writing.
We will only use Personal Information provided in a Verified Request to verify the requestor’s identity or authority to make the request.
In accordance with the CCPA, we are required to provide access and data portability with respect to a Consumer’s Personal Information no more than two (2) times to such Consumer in any twelve (12) month period.
Non-Discrimination
- We will not discriminate against you for exercising any of your rights under the CCPA. 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; or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Notwithstanding the foregoing, we may offer you certain financial incentives permitted by the CCPA that may 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. We do not currently offer any financial incentive programs relating to Personal Information.
Other Privacy Rights
The CCPA does not limit Consumers’ rights under existing privacy legislation or regulation. As such, Consumers may request certain information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. All requests for such disclosure must be submitted to the Privacy Coordinator at the address set forth below.
Changes to our Notice
We reserve the right to amend this Notice at our discretion and at any time in accordance with applicable law. When we make changes to this Notice, we will post the updated Notice on the AHS Applications and update the “Effective Date” posted at the top of the Notice. YOUR CONTINUED USE OF AHS APPLICATIONS FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Contact Information
If you have any questions or comments about this Notice, the ways in which AHS collects and uses your Personal Information or your choices and rights regarding such collection and use under California law, please do not hesitate to contact us at:
Postal Address:
Office of the General Counsel
Attention: Privacy Coordinator
American Home Shield Corporation
150 Peabody Place Suite 300
Memphis, TN 38103
United States of America
