California Consumer Privacy Act Notice

Privacy Policy
Notice of Privacy Practices
Terms of Use

Effective Date: May 15, 2020

The California Consumer Privacy Act (CCPA) provides some California residents with the certain privacy rights. To exercise any of these rights, please contact us at the email address or telephone number listed below.

1. Information to which the CCPA Applies

The CCPA and the rights explained in this section apply to certain personal information that we may collect from California residents. However, the CCPA does not apply to personal information that we obtain from patients or prospective patients of our practice or their personal representatives for purposes of providing health care services, or obtaining payment for health care services. This health information is protected by the Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA). Our Notice of Privacy Practices describes how we use and disclose health information. The CCPA also does not apply to certain other kinds of information, such as information that is publicly available from government records, and deidentified or aggregate information.

Aside from this excluded information, during the past twelve months we have collected the following categories of personal information that is not covered by HIPAA or the CMIA:

  • Identifiers (e.g. name, postal address, online identifier, Internet Protocol address, email address, account name, passport number, or other similar identifiers)
  • Personal information categories listed in the California Customer Records statute, Cal. Civ. Code 1798.80(e) (e.g., Social Security number, physical characteristics or description, education, employment, employment history, financial information)
  • Protected classification characteristics under California or federal law (e.g. age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, health condition, physical or mental disability, sex, sexual orientation, veteran or military status, genetic information)
  • Commercial information (e.g. records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
  • Biometric information (e.g., genetic, behavioral, and biological characteristics or activity patterns, such as fingerprints or retina scans)
  • Internet or other similar network activity (e.g., browsing history, search history)
  • Geolocation data (e.g., physical location or movements)
  • Sensory data (e.g., audio, electronic, visual, thermal, or similar information)
  • Professional or employment-related information (e.g., current or past job history)
  • Non-public education information pursuant to FERPA (e.g., educational records maintained by an educational institution)
  • Inferences drawn from other personal information (e.g., profile reflecting a person’s preferences, characteristics, trends, behavior)

2. Right to Know

You have the right to know and see what personal information we have collected about you over the past 12 months, including:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information is collected;
  • The business or commercial purpose for collecting your personal information;
  • The categories of third parties with whom we have shared your personal information; and
  • The specific pieces of personal information we have collected about you.

3. Right to Delete

You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

  • Complete your transaction;
  • Provide you with the Services;
  • Perform a contract between us and you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for such activities;
  • Fix our system in the case of a bug;
  • Protect the free speech rights, including the free speech rights of you or other users, or exercise another right provided by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

4. Right to Opt-Out of the Sale of Your Personal Information

We do not sell any of your personal information.

5. Right to Non-Discrimination

We will not discriminate against those who exercise their rights under this section. If you exercise your rights, we will not deny you goods or services, charge you different prices or rates for goods or services, or provide you with a different level or quality of goods or services.

6. Other Rights

California Civil Code § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal information to third parties for their direct marketing purposes. However, you are free to make an inquiry with any questions by contacting us in accordance with the “How to Contact Us” section in this Privacy Policy.

7. Exercising These Rights

To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us in accordance with the “How to Contact Us” section in this Privacy Policy. Please include your full name, email address, and an explanation of you are emailing us, so that we can verify and process your request in an efficient manner. If we cannot verify your identity from the initial information you provide, we may request additional information from you, which will be used only for the purposes of verifying your identity to assist you with exercising your rights. You may also designate an authorized agent to make a request under this section on your behalf. We may request additional information from you to confirm that the authorized agent has in fact been authorized by you to act on your behalf.

8. Accessing in Alternative Formats

For individuals with disabilities, please contact us in accordance with the “How to Contact Us” section regarding how to access the information in this Privacy Policy in an alternative format.

9. Response Time

We aim to respond to a consumer request for access or deletion within 45 days of receiving a verifiable request. If we require more time, we will inform you of the reason and extension period in writing.

You agree to indemnify and hold harmless BPA and its officers, directors, shareholders, employees, agents, and affiliates against all actual and direct losses, liabilities, claims, costs, or expenses (including reasonable attorneys’ fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these Terms of Use, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents or agents. The limitation of liability and indemnification obligations of these Terms of Use stated above will survive termination of these Terms of Use.

10. Do Not Track Symbols

We do not have the capability to respond to “Do Not Track” signals received from various web browsers at this time.

11. How to Contact Us

If you have any questions, comments or concerns about this policy, or if you wish to exercise any rights regarding your personal information, please feel free to contact us by telephone at (510) 843-2220 or by email at [email protected].