Avantus LLC (doing business as Avantus Power LLC in California and Nevada) Privacy Notice Addendum for California Residents

Effective Date: March 15, 2024

Last Reviewed on: June 11, 2024

1. Introduction

This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Avantus’ Privacy Notice and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum 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 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.

Note that this California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals. Please contact your local human resources department if you are a California employee and would like additional information about how we process your Personal Information.

2. Information We Collect About You and How We Collect It

We collect and have collected over the prior twelve (12) months, 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 or device (“Personal Information”). Personal information does not include:

Publicly available information from government records.

Deidentified or aggregated consumer information.

In particular, we collect, and over the prior twelve (12) months have collected, the following categories of Personal Information about consumers:

Category and Applicable Pieces of Personal Information Collected

A. Identifiers.
A real name and email address.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name and telephone number.
Some Personal Information included in this category may overlap with other categories.

F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

3. Sources of Personal Information

We collect Personal Information about you from the sources described in our Privacy Notice.

4. Purposes for Our Collection of Your Personal Information

We only use your Personal Information for the purposes described in our Privacy Notice.

5. Third Parties To Whom Do We Disclose Your Personal Information

Avantus may disclose your Personal Information to non-service provider and non-contractor third parties for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes for which the Personal Information was disclosed, requires the recipient to otherwise comply with the requirements of the CPRA. The CPRA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Avantus has disclosed the following categories of Personal Information for a business purpose to the listed categories of non-service provider and non-contractor third parties:

A. Identifiers.
Service providers (such as SaaS providers, cloud service providers, hosting providers, and other similar entities); affiliates, parents, and subsidiary organizations of Avantus.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Service providers; and affiliates, parents, and subsidiary organizations of Avantus.

F. Internet or other similar network activity.
Affiliates, parents, and subsidiary organizations of Avantus

We disclose your Personal Information to the categories of non-service provider and non-contractor third parties listed above for the following business purposes:

• Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, verifying customer information, providing website services, providing analytic services, providing storage, or providing similar services on behalf of us.
  
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
  
• Helping to ensure security and integrity to the extent the use of the consumer's personal information is reasonably necessary and proportionate for these purposes.
  
• Debugging to identify and repair errors that impair existing intended functionality.
  
• Providing advertising and marketing services, except for cross-context behavioral advertising, to consumers.
  
• Undertaking internal research for technological development and demonstration.

In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:

• comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
  
• comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
  
• cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers’) believe may violate federal, state, or local law;
  
• comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
  

6. To Whom Do We Sell or Share Your Personal Information

“Sale” of Your Personal Information for Monetary or Other Valuable Consideration

In the preceding twelve (12) months, Avantus has not “sold” Personal Information for either monetary or other valuable consideration.

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

In the preceding twelve (12) months, Avantus has not “shared” Personal Information for the purpose of cross-context behavioral advertising.

Sale of Personal Information of Minors Under the Age of 16

We do not have any actual knowledge that we “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration and we do not have any actual knowledge that we “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by the CPRA. Our Websites are not intended for use by minors under the age of 16. More information on how minors under the age of 16 may change their choice regarding the “sale” or “sharing” of their Personal Information can be found in Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.

7. Consumer Data Requests

The CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized agent.

• Right to Know. You have the right to request that Avantus disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” request). This includes the categories of Personal Information we have collected about you and the categories of sources from which that Personal Information came from, our purpose for collecting this Personal Information, the categories of third parties with whom we have shared your Personal Information and, if we have sold or disclosed your Personal Information, a separate list of categories of people that we disclosed and sold it to. You must specifically describe if you are making a Right to Know request or a Data Portability Request. If you would like both the information about our collection and use over the past twelve (12) months and a copy of the specific pieces of Personal Information, you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request.
• Access to Specific Pieces of Information (Data Portability). You also have the right to request that Avantus provide you with a copy of the specific pieces of Personal Information that we have collected or created about you (a “Data Portability” request). If you make a request for the specific pieces of Personal Information electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like both the information about our collection and use over the past twelve (12) months and a copy of the specific pieces of your Personal Information, you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. We will not provide information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with Avantus, or the security of our systems or networks. We will also not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of personal information that we were unable to disclose and provide you a description of the reason we are unable to disclose it.
• Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may request that we correct the Personal Information we have about you as described below under Exercising Access, Data Portability, Correction, and Deletion Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• Deletion. You have the right to request that Avantus 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, Correction, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Some exceptions to your right to delete include if we are required to retain your Personal Information to complete the transaction or provide you the goods and services for which we collected the Personal Information, or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your Personal Information in order to make other internal and lawful uses of it that are compatible with the context in which we collected it.
• Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Access, Data Portability, Correction, and Deletion Rights

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

• Emailing us at privacy@avantus.com
• Calling us at (866) 532-9786

If you fail to make your submission in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.

Only you, or your agent that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. To designate an authorized agent, see Authorized Agents below. We may request additional information so we may confirm a request to delete your Personal Information.

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. This may include requesting that you verify the information that we may have about you, such as a name, address, email address, and/or telephone number.

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.

Our Websites currently does not support any form of an online account, and 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.

Authorized Agents

You may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State. You may also provide your authorized agent with power of attorney to exercise your rights. If you authorize an agent, we may require that your agent provide proof that they have been authorized exercise your rights on your behalf. We may request that your authorized agent submit proof of identity We may deny a request from your agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.

8. Personal Information Retention Periods

We will keep all categories of Personal Information for as long as necessary to carry out the purposes for which it was provided. However, we may retain any or all categories of Personal Information when your information is subject to one of the following exceptions:

• When stored in our backup and disaster recovery systems. Your Personal Information will be deleted when the backup media your Personal Information is stored on expires or when our disaster recovery systems are updated.
• When necessary for us to exercise or defend legal claims.
• When necessary to comply with a legal obligation.
• When necessary to help ensure the security and integrity of our Websites and IT systems.

Your Personal Information will be deleted when we no longer require your Personal Information for any of the above purposes.

9. Your Choices Regarding our Use and Disclosure of Your Sensitive Personal Information

We do not collect any Sensitive Personal Information as defined in the CPRA.

10. Changes to This CPRA Privacy Addendum

Avantus reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Websites and update the addendum’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

11. Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which Avantus collects and uses your information described above and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Avantus LLC
4370 Town Center Blvd., Suite 110
El Dorado Hills, CA 95762

Phone: (866) 532-9786

Email: privacy@avantus.com