California Privacy Notice

IMPORTANT ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

Last Updated: [07/01/2022]

This U-POL US Corporation (“U-POL,” “Company,” “us,” “we,” or “our”) California Privacy Notice (“Notice”) is provided pursuant to the California Consumer Privacy Act (“CCPA”) and applies to “Consumers” as defined by the CCPA. This Notice supplements U-POL’s other privacy policies and notices, including our main Privacy Statement. In the event of a conflict between any other Company policy, statement, or notice and this Notice, this Notice will prevail as to California consumers and their rights under the CCPA. Consistent with the CCPA, the information in this Notice and the rights described do not apply to job applicants, current and former employees/contractors, or to people whose Personal Information we collected in the context of their employment at another business (“business-to-business contact(s))”.

This Notice covers the collection, use, disclosure, and sale of California Consumers’ personal information (“PI”) or personal information as defined by the CCPA, except to the extent such personal information is exempt from the notice obligations of the CCPA. Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a California household. This Notice does not address or apply to our handling of publicly available information lawfully made available by state or federal government records.

Categories of Personal Information that We Collect, Disclose, and Sell

While our collection, use, and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above).

Below please find the categories of personal information (as defined by the CCPA) of California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose. We collect these categories of personal information from the sources described in our Privacy Statement, and for the purposes described below.  Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident.

Please note that under the CCPA, a “sale” includes disclosing or making available to a third party personal information in exchange for monetary compensation or some other value or benefit.  While we do not disclose personal information in exchange for monetary compensation, we may make certain categories of personal information available in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Site) in order to improve and measure our ad campaigns and reach users with more relevant ads and content.

Sources of Personal Information

We may collect your PI directly from you, partners, contractors or consultants, vendors, third parties (background check services), distributors, customers, our affiliates, or other individuals and businesses, as well as public sources of data such as consumer reporting agencies or recruiters or talent agencies.

Uses of Personal Information

Although we describe other uses of personal information in our Privacy Statement, for the purposes of the CCPA, we use the above categories of California resident personal information for the following purposes:

Business Prospecting. Exploring or initiating prospecting of potential customers and vendors, including:

• Searching for and providing information to potential corporate customers and vendors and appropriate contact persons
• Researching prior purchase history and interactions, as well as potential interest in U-POL products and services of corporate customers and vendors
• Contacting the contact persons for potential corporate customers and vendors
• Reviewing sales and marketing activities and assessing performance and conversion rates of those activities
• Facilitating related business development opportunities, as relevant
• Facilitating communications in furtherance of the foregoing
• Satisfying reporting and auditing obligations

Conducting Business and Management of Client Relationships. The organization and operation of our business, including:

• Operating our business by developing, producing, marketing, selling and providing goods and services
• Improving our website, mobile apps and marketing activities by conducting tests, research and analysis of users
• Displaying website, mobile apps and marketing content to users, customers and prospective customers
• Providing after-sales services to clients
• Auditing and assessing performance of business operations, including client services and associated activities
• Training and quality control
• Satisfying client reporting and auditing obligations
• Facilitating business development opportunities, as relevant
• Facilitating communications in furtherance of the foregoing

Security and Monitoring. In order to monitor and secure our resources and network, including:

• Monitoring for, preventing and investigating suspected or alleged misconduct or violations of law
• Monitoring for, preventing investigating, and responding to security and privacy incidents
• Monitoring activities, access and use to ensure the security and functioning of our systems and assets

Auditing, reporting corporate governance, and internal operations.  Relating to financial, tax and accounting audits, and audits and assessments of our business operations, security controls, financial controls, or compliance with legal obligations, and for other internal business purposes such as administration of our records retention program.

M&A and Other Business Transactions.  For purposes of planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.

Defending and Protecting Rights. In order to manage and respond to legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.

Compliance with Applicable Legal Obligations. Relating to compliance with applicable legal obligations (such as responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations.

California Residents’ Rights

We provide California Consumers the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. Authorized agents will be required to provide proof of their authorization. As permitted by the CCPA, any request you submit to us is subject to an identity verification process (“Verifiable Consumer Request”). We will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via email or toll-free number listed below) to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected Personal Information.

A. Right To Know 

Categories: You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

• The categories of PI we have collected about you.
• The categories of sources from which we collected your PI.
• The business or commercial purposes for our collecting or selling your PI.
• The categories of third parties with whom we have shared your PI.
• The categories of PI that we disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to which we disclosed that particular category of PI
• A list of the categories of PI sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.

Specific Pieces: California residents have the right to request, up to twice every 12 months, a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the California resident to transmit this information to another entity without hindrance.

In connection with submission of your request, we will need to take steps to verify your identity before action is taken.

B. Right to Opt-out of Sale of Personal Information

California residents have the right to opt-out of the sale of their personal information. Although we do not sell your Personal Information in exchange for money, some of the ways in which we share your Personal Information for advertising or marketing may be considered a “sale” under California law. Opt-out rights can be exercised using our California Residents’ Rights Webform or by contacting us via our toll free number at (610) 746-7081.

C. Right to Delete:

Except to the extent that we have a basis for retention under CCPA, you may request that we delete your personal information that we have collected directly from you and are maintaining using one of the methods listed above. Our retention rights include, without limitation:

• To complete transactions and services you have requested or that are reasonably anticipated;
• For security purposes;
• For legitimate internal business purposes, including maintaining business records, to comply with the law, to exercise or defend legal claims, and to cooperate with law enforcement.

In connection with the submission of your request, we will need to take steps to verify your identity before action is taken. Note also that we are not required to delete your PI that we did not collect directly from you.

D. Right to Non-Discrimination, and Incentives:

You have the right to not receive discriminatory treatment for exercising your CCPA privacy rights. We do not use the fact that you have exercised or requested to exercise any CCPA rights for any purpose other than facilitating a response to your request.

Discrimination: Businesses may not discriminate against California residents who exercise their rights under CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices or rates or impose penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the California residents’ data.

Submitting Requests. To submit a request to exercise your privacy rights, please use our California Residents’ Rights Webform or call us via the toll free number, (610) 746-7081.

California Minors

We do not knowingly collect personal information from minors or children through our website or services. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, please contact us at CAPrivacy@axalta.com.

California Privacy Rights under California’s Shine the Light Law

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), any California resident who provides certain personal information to us in obtaining products or services for personal, family, or household purposes is entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use.  Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. California residents who would like to make such a request may submit a request in writing to CAPrivacy@axalta.com or through our California Residents’ Rights Webform. The request should attest to the fact that the requester is a California resident and provide a current California address.

Contact us for More Information

For more information on your California privacy rights, please contact us by emailing CAPrivacy@axalta.com or by phone at (610) 746-7081.