California Privacy Addendum
Privacy Statement Addendum for California Residents
Effective Date: January 2, 2023
This Privacy Statement Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in our Privacy Statement and describes Flow Management Devices collection and use of Personal Information (as defined below). This California Privacy Addendum 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 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.
Scope of this California Privacy Addendum
This California Privacy Addendum applies to information that we collect on our Website that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”). However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply to such information.
This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information.
Information We Collect About You and How We Collect It
Flow Management Devices collects, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:
- Identifiers: A real name; alias; postal address; unique personal identifier; online identifier; Internet Protocol address; email address; and other similar identifiers.
Personal Information Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name; address; and telephone number.
Some Personal Information included in this category may overlap with other categories.
- Commercial Information: Records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other similar network activity: Log information, device information, and information collected by cookies and other tracking technologies described in our Privacy Statement.
- Geolocation Data: IP-based physical location or movements that may only identify your location to a geographic region, such as a town, city, or state. This information may be used for network security purposes and cannot be used to locate your exact location.
Flow Management Devices will not collect additional categories of Personal Information without providing you notice. As further described in To Whom Do We Sell or Share Your Personal Information, we do not “sell” any categories of Personal Information for monetary or other valuable consideration and we do not “share” any categories of Personal Information for cross-context behavioral advertising.
Sources of Personal Information
We collect Personal Information about you from the sources described in our Privacy Statement.
Purposes for Our Collection of Your Personal Information
We only use your Personal Information we collect, and over the prior twelve (12) months, have used the Personal Information we collected, for the purposes described in our Privacy Statement. Flow Management Devices will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Third Parties to Whom Do We Disclose Your Personal Information for Business Purposes
Flow Management Devices may disclose your Personal Information to third parties for one or more business purposes. When we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the specific business purposes for which the Personal Information was disclosed, and requires the recipient to otherwise comply with the requirements of the CPRA.
In the preceding twelve (12) months, Flow Management Devices has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
- Helping to ensure security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short–term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
- Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
- Providing advertising and marketing services, except for cross-context behavioral advertising, to Consumers.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:
- comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
- comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
- cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
- comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
- exercise or defend legal claims.
To Whom Do We Sell or Share Your Personal Information,/p>
“Sale” of Your Personal Information for Monetary or Other Valuable Consideration
In the preceding twelve (12) months, Flow Management Devices has not “sold” Personal Information (including any Personal Information for minors under the age of 16) for either monetary or other valuable consideration.
“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising
In the preceding twelve (12) months, Flow Management Devices has not “shared” Personal Information (including any Personal Information for minors under the age of 16) for the purpose of cross-context behavioral advertising.
Consumer Data Requests
The CPRA provides Consumers with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights.
- Right to Know. You have the right to request that Flow Management Devices disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request). This includes: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which that Personal Information came from; (c) our purposes for collecting this Personal Information; (d) the categories of third parties with whom we have shared your Personal Information; and (e) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
- Access to Specific Pieces of Information (Data Portability). You also have the right to request that Flow Management Devices provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request). If you make a Data Portability Consumer Request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like to make both a Right to Know Consumer Request and a Data Portability Consumer Request you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. We will not provide any Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with Flow Management Devices, or the security of our systems or networks. We will also not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it. You may make a Right to Know or a Data Portability Consumer Request a total of two (2) times within a 12-month period at no charge.
- You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may request that we correct the Personal Information we have about you as described below under Exercising Your CPRA Privacy Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect or if the Personal Information is subject to another exception under the CPRA.
- You have the right to request that Flow Management Devices delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your CPRA Privacy Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CPRA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information for other internal and lawful uses that are compatible with the context in which we collected it.
- Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CPRA Privacy Rights
To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:
- Calling us at +1.602.233.9885.
- Emailing us at email@example.com or privacy@IDEXcorp.com.
If you (or your Authorized Agent) submit a Consumer Request to delete your information online, we will use a two-step process in order to confirm that you want your Personal Information deleted. This process may include verifying your request through your email address on record, calling you on your phone number on record (which may include an automated dialer), sending you a text message and requesting that you text us a confirmation, sending you a confirmation through US mail. By making a Consumer Request, you consent to us contacting you in one or more of these ways.
If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.
All Consumer Requests must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include:
- Name, email address, physical address, and/or the specific IDEX business unit with whom you have done business with if other than Flow Management Devices.
- 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 which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent.
Making a Consumer Request does not require you to create an account with us.
We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.
You may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). If you authorize an Agent, we may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.
Response Timing and Format
We will confirm our receipt of your Consumer Request within ten (10) business days of its receipt. We will generally process these requests within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar 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.
In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you on or after January 1, 2022, unless an exception applies. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability Consumer Request, 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 Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Your Choices Regarding our Use and Disclosure of Your Sensitive Personal Information
We do not collect any Sensitive Personal Information as defined under the CPRA.
Personal Information Retention Periods
We delete or anonymize your Personal Information when no longer required for purpose or purposes for which we collected it.
In general, we store your Personal Information for the duration of the usage or contractual relationship via the Website plus a period of [15 days] for security purposes.
In the event you have given us your consent to process your Personal Information (e.g., for marketing purposes including associated profiling), we will store your Personal Information until you revoke your consent or the processing purpose does not apply anymore. Other California Privacy Rights
For the retention period of cookies and other tracking technology, please refer to the details in our Flow Management Devices cookie notice, available here. [@BU-please insert link to BU Cookie Notice].
After the periods described above has expired, your Personal Information will be erased unless the Personal Data is required for a longer period of time, such as for legal retention periods, alternative purposes, or for criminal prosecution. Beyond these retention periods, we may also retain the Personal Data for the purposes of legal defense and law enforcement for as long as necessary for the preparation or execution of a possible legal dispute (usually up to four years, whereby the legal dispute itself may inhibit the course of this period). If Personal Data is stored for these reasons, it will be blocked for all other uses.
Changes to This CPRA Privacy Addendum
Flow Management Devices reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Website and update the addendum’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this California Privacy Addendum, the ways in which Flow Management Devices collects and uses your information described above and in the Privacy Statement, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
To Contact Flow Management Devices:
Email: firstname.lastname@example.org or privacy@IDEXcorp.com
Postal Address: 5225 South 37th Street, Phoenix, AZ 85040 USA
To Contact IDEX:
Postal Address: IDEX Corporation, Attn: Legal Department 3100 Sanders Road, Suite 301, Northbrook, IL 60062