CCPA Privacy Policy

Privacy Policy

Our Privacy Policy was last updated on 27 January 2022.

This Privacy Policy supplements any other privacy notices provided by Dynamic Controls and 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 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

We use Your Personal data to provide the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• "Account" means a unique account created for You to access our Service or parts of our Service.
• "Business", for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Dynamic Controls.
• "Country" refers to New Zealand.
• "Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• "Device" means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• "Do Not Track (DNT)” is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• "Personal Data" is any information that relates to an identified or identifiable individual.
  For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• "Sale", for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
• "Service" refers to the Website.
• "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• "Website" refers to Dynamic Controls Customer Portal, accessible from portal.dynamiccontrols.com.
• "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Organisation name
• Password
• Country

Usage Data

We do not collect any Usage Data when using the Service.

Tracking Technologies and Cookies

We do not use Cookies or similar tracking technologies to track Your activity on Our Service.

We use “Session Cookies” whilst using the Service. Session Cookies are deleted as soon as You close Your web browser.

We use Session Cookies for the purpose set out below:

• Necessary / Essential Cookies
  
  Type: Session Cookies
  
  Administered by: Us
  
  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

We may share Your personal information in the following situations:

• With Service Providers: We also use qualified Service Providers to operate, optimize and secure our websites. We only pass on personal data to them insofar as is necessary for the provision and use of the website and its functionalities, to comply with legal obligations, or insofar as you have consented there to.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Transfer of Your Personal Data

Your Personal Data is processed by our Service Provider and at the Company's New Zealand operating office. It means that this information may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ to those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

 Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect against legal liability

Security of Your Personal Data

We take technical and organizational security measures in order to protect your information managed by us from being tampered with, lost, destroyed or accessed by unauthorized individuals. We and our Service Provider are continuously improving our security measures in line with technological advancements.

Categories of Personal Information Collected

We 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. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Under CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA's scope, such as:

  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data

  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Category and sources of information	Examples	How we use it	How we share it
Identifiers We collect this information from You.	Real name, email address	To enable the use of Our Service.	We share this data with our Service Provider and with those whom you instruct us to send this information.
Personal Information under Cal. Civ. Code § 1798.80(e) We collect this information from You.	Name. Some personal information included in this category may overlap with other categories.	To enable the use of Our Service.	We share this data with our Service Provider and with those to whom you instruct us to send this information.
Protected classifications We don’t collect this information from You.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	None.	None.
Commercial information We don’t collect this information from You.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	None.	None.
Biometric information We don’t collect this information from You.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	None.	None.
Internet or other similar network activity We don’t collect this information from You.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	None.	None.
Geolocation data We collect this information from You.	Physical location. Location information limited to the country that You selected when first registering with Our Service.	To enable the use of Our Service.	We share this data with our Service Provider and with those to whom you instruct us to send this information.
Professional or employment-related information We don’t collect this information from You.	Current or past job history or performance evaluations.	None.	None.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) We don’t collect this information from You.	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	None.	None.
Inferences drawn from other personal information. We don’t collect this information from You.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	None.	None.
Sensitive Personal Information We don’t collect this information from You.	Social security number, passport, financial account, precise geolocation, genetic data, health information.	None.	None.

Sources of Personal Information

We obtain the categories of personal information listed above from the following source:

• Directly from You. For example, from the forms You complete on our Service.

Use of Personal Information for Business Purposes

We may use or disclose personal information We collect for "business purposes" (as defined under the CCPA), which may include the following examples:

• To create, maintain, customize, and secure your account with us.
• To operate our Service and provide You with our Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
• To help maintain the safety, security, and integrity of our website, databases and other technology assets and business.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Share of Personal Information for Business Purposes

We may use or share and may have used or shared in the last twelve (12) months the following categories of personal information for business purposes:

• Category and sources of information: Identifiers
• Category and sources of information: Personal information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category and sources of information: Geolocation

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

Sale of Personal Information

We do not sell personal information.

Sale of Personal Information of Minors Under 16 Years of Age

We do not sell personal information of minors under 16 years of age.

Children's Privacy

Our Service does not address anyone under the age of 16. We do not knowingly collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16, We will take steps to remove that information from Our servers.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, 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 or selling 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

  • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:

    • The categories of personal information categories sold

    • The categories of personal information categories disclosed

• The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.

• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, 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 Providers to:

  • 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.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  • 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.

• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:

  • Denying goods or services to You

  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties

  • Providing a different level or quality of goods or services to You

  • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By visiting this page on our website: Contact Us | Dynamic Controls
• By sending us an email: data.protection@dynamiccontrols.com
• By contacting us toll-free on: +1 844-397-6727

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us 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 the required information if we cannot:

• Verify Your identity or authority to make the request
• And confirm that the personal information relates to You
• We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: Contact Us | Dynamic Controls
• By sending us an email: data.protection@dynamiccontrols.com
• By contacting us toll-free on: +1 844-397-6727