Supplement to Privacy Statement – California Consumer Privacy Act

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Perennials & Sutherland (“Perennials & Sutherland,” “we,” “us,” or “our”) and applies solely to consumers, users of, or visitors to Perennials & Sutherland websites and computer or mobile applications or other goods or services obtained from Perennials & Southerland (collectively, and together with any updates thereto, the “Services”) 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 other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Perennials & Sutherland collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).  In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

• A. Identifiers. Examples Include: 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.
• B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples Include: A 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. Some personal information included in this category may overlap with other categories.
• C. Commercial information. Examples Include: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• D. Internet or other similar network activity. Examples Include: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
• E. Inferences drawn from other personal information. Examples Include: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  
  – 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.

Use of Personal Information

We have used or disclosed, and may use or disclose, the personal information we have collected or will collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request that you receive a copy of our communications or ask a question about our products or services, we will use that personal information to respond to your inquiry.
• To provide, support, personalize, and develop our Services, products, and services, including without limitation to enable us to aggregate Services user profiles, monitor Services use, and to improve the Services user’s experience.
• To help maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Services, products, and services.
• 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.
• To administer, monitor, understand performance and use of our communications, and to improve the user experience.
• To execute digital advertising campaigns which you have opted into, or not opted out of.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Perennials & Sutherland assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Perennials & Sutherland about our Services users is among the assets transferred.

Perennials & Sutherland will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

How We Collect Information

Perennials & Sutherland obtains the categories of personal information listed above from the following categories of sources:

• Directly from our customers or their agents. For example, from documents that our customers provide to us related to the products or services they purchase from us.
• Indirectly from our customers or their agents. For example, through information we collect from our customers in the course of providing products or services to them.
• Directly and indirectly from activity on our Services. For example, from submissions through our website portal or website usage details collected automatically.

Sharing Personal Information

Perennials & Sutherland may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Service providers.  For example, we may share your personal information with vendors we have hired to provide services for us where it is necessary for the service.
• Affiliates of Perennials & Sutherland to the extent permitted by applicable law. 
• We may also release personal information about you if you direct us to do so, or if we are required or authorized by law, or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on us; or (c) protect or defend our legal rights or property or third party licensors of any material on the Services.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Perennials & Sutherland has disclosed the following categories of personal information for a business purpose to service providers :

• Identifiers.
• California Customer Records personal information categories.
• Commercial information.
• Internet or other similar network activity.
• Inferences drawn from other personal information.

All categories of personal information may be disclosed to database or data storage and archiving service providers in connection with the storage and other processing of such information.

Sales of Personal Information

In the preceding twelve (12) months, Perennials & Sutherland has not sold personal information.

Your Rights and Choices under the CCPA

The CCPA provides consumers (California residents) with specific rights regarding their personal information, although the law may exempt or exclude such rights from applying to you, depending upon the context in which you provide personal information to Perennials & Sutherland.  Accordingly, it is possible that the rights discussed in this section of the Policy may not apply to you under the CCPA.  To the extent such rights apply to you under the CCPA, this section describes your CCPA rights and explains how to exercise those rights.

Exercising your rights under the CCPA may require you to submit to us verifiable consumer request.  To verify that you are a consumer subject to the CCPA, we will first attempt to use the personal information you have already provided to us.  If such information is insufficient, we may ask you for additional personal information from you for the purposes of such verification (which may include requesting from you a signed declaration under penalty of perjury), although we will attempt to avoid collecting additional personal information from you.  If we collect additional personal information for purposes of verification, we shall use such information only for such verification and for security or fraud-prevention purposes. 

Access to Specific Information and Data Portability Rights

You have the right to request that Perennials & Sutherland disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request and confirm the CCPA applies to such request (see Exercising Access, Data Portability, and Deletion Rights), 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 (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  
  – sales, identifying the personal information categories that each category of recipient purchased; and
  
  – disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Perennials & Sutherland delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), 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 provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 888.322.4773.
• Visiting us at Perennialsfabrics.com
• Contacting us at info@perennialsfabrics.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 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.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, 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 verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us using the contact information provided below in the “Contact Us” section.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contacting us using the contact information provided below.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. 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.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can 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.

Contact Us

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 888.322.4773
Website: Perennialsfabrics.com/care-support/contact
Email: info@perennialsfabrics.com

Postal Address:

Perennials and Sutherland, LLC.
Attention: Marketing
1600 Viceroy Dr. Suite 500
Dallas, Texas 75235
Email contact: info@perennialsfabrics.com