Kyocera Privacy Notice for California Residents

Last Updated: December 20, 2022

This Privacy Notice for California Residents ("Notice") supplements the information contained in the Kyocera Privacy Statement and Policy https://americas.kyocera.com/uploads/us/Kyocera_Privacy_Statement.pdf and applies solely to visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this Notice to comply with the California Privacy Rights Act ("CPRA") and other California privacy laws. Any terms defined in the CPRA have the same meaning when used in this Notice.

Personal Information We Collect

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, household or device ("personal information"). In particular, we have collected the following categories of personal information from California consumers within the last twelve (12) months some of which would be considered under the CPRA:

Personal information does not include:

• Publicly available information from government records or lawfully obtained, truthful information that is a matter of public concern and information made available to the general public by the consumer or by widely distributed media.
• De-identified or aggregated consumer information.
• Information excluded from the CPRA'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; and
  • 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.

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

• Directly from our customers or our Business to Business (B2B) partners. For example, a customer provides a personal address to ship one of our products.
• Indirectly from our customers or our Business to Business (B2B) partners as part of our services. For example, the payment method associated with a customer's purchase of one of our products.
• Directly and indirectly from activity on our websites. For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We collect and use your personal information for purposes reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed or for another disclosed purpose compatible with the context of the personal information collected and we do not process the information in a manner incompatible with those purposes. We may use the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided.
• To provide you with information, products or services you request from us.
• To provide you with email alerts, sales and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any purchases or transactions.
• To improve our web site and present its contents to you.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• 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 CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use, retain, process or disclose the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Use of Sensitive Personal Information

We may use Sensitive Personal Information we collect for the same reasons we use other Personal Information as described above. We do not use Sensitive Personal Information for the purpose of inferring characteristics about you.

Sharing Personal Information

We may disclose your personal information to a third party service provider or contractor for a business purpose. When we disclose personal information for a business purpose, we will require that the purpose is disclosed, the recipient is required to, not use it for any purpose except performing the contract and in compliance with applicable privacy and data protection laws. We may also require or the law may impose an additional level of confidentiality and limited usage of your personal information in some contexts.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Identifiers.
• California Customer Records personal information categories.
• Commercial information.
• Internet or other similar network activity.
• Geolocation data.
• Sensory data.

We disclose your personal information for a business purpose to the following categories of third parties:

• Affiliated Kyocera companies.
• Service providers.
• Contractors
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

Sales of Personal Information

In general, we do not sell your personal information or share personal information for cross-context behavioral advertising purposes and in the preceding twelve (12) months, we have not sold personal information or shared personal information for cross-context behavioral advertising purposes. The one exception involves our use of Google Analytics.

Google Analytics. Google Analytics is used to perform some of the tasks listed above involving the use of your Personal Information. We do not merge information collected through any Google advertising product with individual-level information collected elsewhere by our Services. Google Analytics acquires user data from each website a user visits through the use of page tags on a web site. It then provides information to us that we use to assist in our online marketing efforts.

Opting Out of Google Analytics. Google provides website visitors with a tool (Google Analytics Opt-out Browser Add-on) that purports to broadly give consumers the ability to prevent their data from being collected or used by Google Analytics. A link to this Google tool can be found here https://tools.google.com/dlpage/gaoptout.

[Do Not Sell or Share My Personal Information] In addition, when you visit our websites that use Google Analytics, we provide you with the ability to opt out of the data sharing functionality of Google Analytics. You may also opt out of our collection of your Personal Information using Google Analytics by clicking on the following link https://tools.google.com/dlpage/gaoptout.

Retention Periods for Personal Information We Collect

We retain the personal information we collect for a period that is generally consistent with the time-frame required in order to accommodate the purposes for which the information was collected or as required to comply with applicable laws. In general:

1. We retain information about product sales long enough to be able to competently respond to customer inquiries or concerns about a product, to honor our warranty obligations and as may be required by law. The period we retain such information is dependent on a variety of factors including the type of product sold, the length of the warranty period and any legal obligations we may have to retain information about a particular type of product. The type of information that is referenced in this section may include information that is included in the following Categories referenced in the Table above: Identifiers; California Consumer Information; Internet or similar network activity; Complete access account credentials.
2. We retain information we collect concerning marketing opportunities or consumer expressions of interest only for a period of time that is long enough to be able to address those opportunities or expressions of interest or until (where the consumer has received a direct communication from us) the consumer opts out of further communications. The type of information that is referenced in this section may include information that is included in the following Categories referenced in the Table above: Identifiers; California Consumer Information; Internet or similar network activity; Complete access account credentials.
3. We may collect location data including the location data of your Kyocera branded mobile device. Please note that for most mobile devices, you can manage or disable the use of location services for all applications in the settings menu of your mobile device. Other than this information, we rarely collect Geolocation Data or Sensory Data as described in the Table above, but it is possible you may provide it to us yourself in connection with a social media promotion or it may be collected by us at a public event (such as in a photograph taken at the event). In such cases, the information is retained consistent with the period for other marketing type purposes as described above. Other Geolocation Data or Sensory Data we may collect in the form of security video footage at one of our facilities will be maintained for no more than three years from the date it is collected.

Cookies

We also collect information using "Cookies" in connection with our web site and the type of information collected using such Cookies and your rights relating to Cookie collection are provided for in connection with our use of such Cookies on our web site. Details of our Cookie Policy or Policies can be found in our Privacy Statement and in some cases additional details concerning Cookies (including "opt out" options) may be available in connection with your use of a particular web site.

Your Rights and Choices

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA rights as a California resident and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

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 12 months. Once we receive and confirm your verifiable consumer 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 to whom we disclosed 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 we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer 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 personal information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service 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 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 the personal information that are compatible with the context in which you provided it.

Correction of Inaccurate Personal Information Request Rights

You have the right to request that we correct inaccurate personal information about you in our records that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct inaccurate personal information concerning you in our records and direct our service providers and contractors to correct such inaccurate personal information in their records, unless an exception applies.

We may deny your correction request if we determine the information is in fact accurate, if we are precluded by law from making the change you request or for any other reason authorized by the CPRA or other applicable law.

Opt-Out Rights

You have the right to opt-out of the sale of your personal information or the use or disclosure of your Sensitive Personal Information for cross-context behavioral advertising purposes. However, in general we do not sell or disclose or use your personal information for those purposes, so there is no need for you to opt out of such practices.

The one exception is our use of Google Analytics on some of our web sites. Please see the discussion above involving our use of Google Analytics and how you may opt out of our use of Google Analytics as it relates to your personal data.

Please contact us as provided below if you have concerns about your Opt-Out Rights.

Exercising Access, Data Portability, Deletion and Correction Rights

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

• Calling us at (844) 991-1004
• Contacting us via our website at https://contact.kyocera.co.jp/inquiry/us/ccpa/input.html

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.

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.

Response Timing and Format

We will work to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to a total of 90 days), we will inform you of the reason and extension period by email or by written mail depending on your preference. 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 personal 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.

Non-Discrimination

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, 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.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will indicate that the Notice has been updated on our website. Your continued use of the Kyocera Website following the posting of changes constitutes your consent to and acceptance of such changes.

Contact Information

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: (844) 991-1004
Website: https://contact.kyocera.co.jp/inquiry/us/ccpa/input.html
Postal Address: Kyocera International, Inc.
Attn: Webmaster / Privacy Policy
8611 Balboa Avenue
San Diego, CA, 92123

• Kyocera Privacy Notice for California Residents (33.1 KB)