California Privacy Statement

This California Privacy Statement is for California Residents only and supplements Business Power Tools’ Privacy and Security Notice.

This policy:

Describes the personal information that Business Power Tools (“we,” “our,” or “us”) collects in the course of its business,
Explains how this information is collected, used, shared, and disclosed,
Describes rights provided by the California Consumer Privacy Act of 2018 (the “CCPA”) to California Residents (“consumers” or “you”) regarding their personal information, and
Explains how consumers can exercise those rights.

With a limited exception, and as noted in other sections of this policy, certain provisions of the CCPA do not apply to:

Certain personal information covered by or collected under industry-specific privacy laws including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.
Personal information that we collect about you when you are acting as our job applicant, employee, owner, director, officer, medical staff member, or contractor to the extent that we collect and use your personal information solely within the context of that role. This also includes your emergency contact information and personal information that is necessary for us to retain to administer benefits for you. However, you will still receive a notice at the time of collection which outlines the categories of personal information we collect and the purposes for which we collect the categories of personal information. If you are a job applicant or prospective job applicant, you may view our Disclosure to Job Applicants Pursuant to the California Consumer Privacy Act (“CCPA Job Applicant Disclosure”) by clicking here. If you are a current or former employee, you may view our Disclosure to Employees Pursuant to the California Consumer Privacy Act (“CCPA Employee Disclosure”) by clicking here. Both of these employment-related disclosures supplement this California Privacy Statement and will provide you with information on the personal information we collect, use and disclose specific to the job application and employment context, respectively.
Personal information we receive from you reflecting a communication or transaction between us and another business when you are acting as an employee, owner, director, officer, or contractor of such company, partnership, sole proprietorship, nonprofit, or government agency and you are seeking a product or service from us for the company, partnership, sole proprietorship, nonprofit, or government agency (a “Business Consumer”). Where applicable, we have outlined the limited rights afforded to Business Consumers below.

What is Personal Information under the CCPA?

Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“personal information”). “Personal information” does not include: (1) publicly available information, such as information that is lawfully made available from federal, state, or local records, and (2) de-identified or aggregate consumer information.

The following are the categories of personal information under the CCPA:

Identifiers. This may 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.
Personal information described in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)). This may 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.
Characteristics of Protected Classification under California or Federal Law. This may include age, 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).
Commercial information. This may include Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. This may include genetic, physiological, biological, or behavioral characteristics that can be used, singly or in combination with each other or with other identifying data, to establish your identity, including deoxyribonucleic acid (DNA), fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Internet or other similar network activity. This may include browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.
Geolocation data. This may include physical location or movements.
Sensory data. This may include audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information. This may include current or past job history or performance evaluations.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)). This may include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as report cards, transcripts, class lists, student schedules, student identification codes, student financial information, and student disciplinary records.
Inferences drawn from other personal information. This may include information, data, assumptions, or conclusions derived from facts, evidence, or another source of information or data reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Personal Information we Collect, Use or Share

In connection with our business activities, we may collect, use, or share your personal information.

Collection of Personal Information

The following are the categories of personal information under the CCPA that we have collected on consumers in the preceding 12 months:

Identifiers
Personal Information described in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)
Characteristics of Protected Classification under California or Federal Law
Commercial Information
Internet or other similar network activity
Geolocation data
Professional or employment-related information
Non-public educational information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99))
Inferences drawn from other personal information

We collect personal information for the Internal Uses and the Disclosure Purposes described in “Use of Personal Information” and “Disclosure of Personal Information” below. We may collect your personal information from the following sources (“Sources”).

You: You may supply us with personal information directly when you inquire about, or seek your, business financing from us, including in connection with your application for business financing, the preparation and processing of your financing agreements and the ongoing administration of your financing transaction.
Credit Reporting Agencies and Other Data and Analytics Providers: We use credit reporting agencies and other providers of business and consumer data and analytics to supply us with information that we use for a number of the business and commercial purposes described in “Use of Personal Information” below, including the determination of eligibility for business financing, the administration and servicing of the financing and for marketing purposes. We may receive personal information from those credit reporting agencies and other business and consumer data and analytics providers.
Unaffiliated Service Providers: We use unaffiliated service providers to assist us in performing a number of different functions related to the business and commercial purposes described in “Use of Personal Information” below. In the course of our dealings with these service providers, we may receive personal information that they have collected on you, either directly or indirectly.
Vendors and Equipment Suppliers: The business supplying the assets or services which you are interested in financing or have financed may provide us with your personal information.
Unaffiliated Referral and Sales Relationships: You may have supplied personal information to brokers or other financing sources in connection with a business financing you are seeking or have received. Those brokers or other financing sources may provide us with your personal information that they have collected to enable us to determine your eligibility for financing from us and the terms and conditions thereof or whether we wish to purchase your financing transaction from them.
Online Tools and Applications: When you visit our websites, use our mobile applications or visit or post information on our social media pages, our systems may automatically collect personal information including your IP address, domain name, ISP, general geographic location, the link that you clicked to get the websites and your activity when navigating the websites. This may also include internet and browsing history website analytics and application or ad clicks.
Our Affiliates: Our affiliates may have collected personal information in one or more of the manners described above. We may collect that personal information from those affiliates.

Use of Personal Information

It is our goal to provide our customers and potential customers with customized financing options for their specific business needs, fast credit decisioning and a simplified documentation process. After the initial transaction, our goal is to provide customer-centric service, offer new or enhanced finance products. We use personal information we collect for a number of different business and commercial purposes (“Internal Uses”) in order to achieve this goal, including:

To fulfill or meet the reason for which the personal Information was provided and to provide you with information, products or services that you may request from us. For example, when you inquire about, or seek your, business financing from us, we use personal information to provide you with information, products and services that you request from us. In addition, we use personal information to determine your business’ eligibility for such financing and the terms and conditions thereof.
To perform services for you or in connection with your transaction and to improve the quality of those services. For example, if we have approved your business financing, we use personal information to complete the financing transaction, including preparation of the financing documents, due diligence matters to prevent fraud, confirmation of required insurance, and payment information. In addition, we use personal information to provide ongoing customer service, on our behalf and on behalf of others, including billing and collection, matters relating to taxes and insurance, location of the property financed and, if necessary, enforcement of the contract.
For marketing purposes. We use personal information to develop, promote and provide a comprehensive line of finance products to customers and potential customers, to extend personalized and customized messaging, quality content, and finance offers tailored to the specific needs of businesses, as well as to enhance our product and service offering to meet the changing needs of our customers, potential customers, and the industries which they and we operate.
To improve online and system functionality. We strive to provide visitors and users of our websites, mobile applications, and social media sites with a secure and informative experience including content and page components that are well-optimized for the user experience and search engine indexing with the ability to capture leads into a marketing database that includes activity data, and shared with sales when determined to be qualified as sales-ready user experience. As such, we are constantly evaluating ways to improve that experience, and may use your personal information to improve the functionality and utility of our websites, mobile applications, and social media sites. In that regard, we may use personal information for purposes of internal research for technological development and demonstration, to assist us in debugging to maintain and identify and repair errors in our systems, and to audit current interactions with you and concurrent transactions, including counting ad impressions to unique visitors, verifying position and quality of ad impressions, and auditing compliance with this specification and other standards. We also use personal information to audit and improve the security of our websites and mobile applications, including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
To otherwise advance our commercial or economic interest not otherwise identified above.

Disclosure of Personal Information

We may disclose personal information for the same business and commercial purposes as our Internal Uses of such information (“Disclosure Purposes”). We may disclose such information to the following categories of third parties and service providers (“Third Parties/Service Providers”) for those Disclosure Purposes, including:

Our Unaffiliated Service Providers: We use unaffiliated service providers to assist us in performing a number of different functions relating to the business and commercial purposes described in “Use of Personal Information” above. In the course of our dealings with these service providers, we may disclose your personal information that we have collected, including providing personal information to service providers who assist us with marketing our products and services to you via online advertising methods.
Vendors and Equipment Suppliers: In connection with processing your request for business financing, processing that transaction, and administering that transaction following closing, we may disclose your personal information to the business supplying the assets which you are financing or leasing in order to confirm the assets being financed, prevent fraud, complete the document package for the financing, and provide customer service and other information to you or the vendor or equipment supplier. We may also disclose your personal information to vendors and equipment suppliers to enable them to market our products and services to you.
Our Affiliates: We use affiliated companies to enhance our ability to provide financing to businesses, as well as to hold, service, and administer those financings once in place. We may disclose your personal information to those affiliates in connection with those and similar activities that they may perform related to your financing. In addition, we may disclose your personal information to our affiliates to enable those affiliates to market their products and services to you, as well as to enable those affiliates to comply with their respective obligations under state and federal rules, laws and regulations (“Applicable Laws”).

Governmental Authorities: We and our affiliates are subject to Applicable Laws. Pursuant to these Applicable Laws, we and/or our affiliates may be requested or required to provide personal information to state or federal governmental agencies or by a court or other judicial or legislative body (“Governmental Authorities”). We and/or our affiliates may also disclose personal information to courts and other judicial bodies as necessary to enforce our rights and remedies under our financing contracts.
A third party assuming control of us if the personal information is part of a merger, acquisition, bankruptcy or other transaction.
Other third parties in order to advance our commercial or economic interests not otherwise identified above. For example, we actively manage our database of subscriber documents we use a number of different tools to do so. We may disclose personal information to our third-party referral and purchaser relationships, as well as parties who provide us with financing, their respective service providers, and other participants in those transactions.

For each of the categories of personal information we have collected about consumers in the preceding 12 months, below are the categories of third parties to whom we share such personal information:

Categories of Personal Information we Collect (for a description of the types of personal information included in these categories, see “What is Personal Information Under the CCPA” above)	The Categories of Third Parties With Whom we Share Personal Information
Identifiers	More specific information can be found on our Privacy Policy Statement.
Personal information described in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e))	More specific information can be found on our Privacy Policy Statement.
Characteristics of Protected Classification under California or Federal Law	More specific information can be found on our Privacy Policy Statement.
Commercial information	More specific information can be found on our Privacy Policy Statement.
Internet or other similar network activity	More specific information can be found on our Privacy Policy Statement.
Geolocation data	More specific information can be found on our Privacy Policy Statement.
Professional or employment-related information	More specific information can be found on our Privacy Policy Statement.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99))	SMore specific information can be found on our Privacy Policy Statement.
Inferences drawn from other personal information	More specific information can be found on our Privacy Policy Statement.

In the preceding 12 months, we have not sold any personal information. In addition, we do not sell personal information. Also, it is our business practice not to sell personal information of minors under 16 years of age and we have no actual knowledge of doing so.

Your Rights Under the CCPA

As described in more detail below, the CCPA provides you with certain rights regarding the collection, use, retention, and disclosure of your personal information.

The Right to Know About Personal Information Collected, Used or Disclosed

You have the right to request that we provide you with certain information about the personal information we collect, use, or disclose about you as well as the categories and specific pieces of information that we have collected about you in the 12 months before you submit a verifiable consumer request. Specifically, you have the right to request the following information:

The categories of personal information we have collected about you.
The categories of sources from which we have collected personal information about you.
Our business or commercial purpose for collecting your personal information.
Our business or commercial purpose for disclosing the category of personal information about you.
The specific pieces of personal information we have about you.
If we disclosed your personal information for a business or commercial purpose:
- The categories of personal information that we disclosed about you for a business or commercial purpose; and
- The categories of third parties to whom your personal information was disclosed for a business or commercial purpose, and which category of personal information was disclosed to that third party.

A household may request to know aggregate household personal information by submitting a verifiable consumer request. Also, if all consumers in a household jointly request access to specific pieces of information for the household, and we can individually verify all the members of the household, then we will comply with the request.

However, there is certain information that we will not disclose to you. This information includes, but is not limited to, your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answer.

This right does not apply to Business Consumers.

Submitting a Verifiable Request to Know About Personal Information Collected or Disclosed

To exercise your Right to Know, please submit a verifiable consumer request to us by either:

Calling us at 800-346-5426
Submitting the Right to Know Request Form

Only you (or an authorized agent) may make a verifiable consumer request for your personal information.

You may not request your personal information more than twice in a 12-month period.

How We Verify Your Request to Know About Personal Information Collected or Disclosed

We will verify your identity as follows:

If we have provided you with business equipment financing:
- If you submit a request to know the categories of personal information, you will need to provide us with (1) the agreement number of your finance or lease agreement with us and (2) the amount of the scheduled payment under that finance or lease agreement, which we will match with those two data points in our system to verify your identity.
- If you submit a request to know specific pieces of personal information, you will need to provide us with (1) the agreement number of your finance or lease agreement with us, (2) the amount of the scheduled payment under that finance or lease agreement and (3) the address that is the location of the equipment which you leased or financed through us, which we will match with those three data points in our system to verify your identity. You will also be required to submit a signed declaration under penalty of perjury stating that the requestor is the consumer whose personal information is the subject of the request.
If we have not provided you with business equipment financing:
- If you submit a request to know the categories of personal information, you will need to provide us with (1) the legal name of the business associated with your interaction with us (for example, the legal name of the business associated with the credit application) and (2) the legal structure of that business (for example, “corporation”, “limited liability company”, “sole proprietorship”, etc.), which we will match with those two data points in our system to verify your identity.
- If you submit a request to know specific pieces of personal information, you will need to provide us with (1) the legal name of the business associated with your interaction with us (for example, the legal name of the business associated with the credit application) and (2) the legal structure of that business (for example, “corporation”, “limited liability company”, “sole proprietorship”, etc.), and (3) the business address of the business associated with your interaction with us, which we will match with those three data points in our system to verify your identity. You will also be required to submit a signed declaration under penalty of perjury stating that the requestor is the consumer whose personal information is the subject of the request.
There may be unusual circumstances where your interaction with us did not yield the data points listed above. In such a case, we will separately provide you information on the two or three, as applicable, data points we will use to verify you.

We will generally avoid requesting additional information from you to verify you. However, if we cannot verify your identity based on the information we currently maintain, we may request additional information from you, which will only be used to verify your identity and for security or fraud-prevention purposes. We will delete any new personal information we collect to verify your identity as soon as practical after processing your request unless otherwise required by the CCPA.

Generally, if we are unable to verify your identity, we will inform you of this inability and explain why we were unable to do so.

Our Response to Your Request to Know About Personal Information Collected or Disclosed

Once we receive your verifiable consumer request, we will confirm our receipt of your request within 10 business days and provide you with additional information about how we will process the request. Our goal is to respond to your request within 45 calendar days of receiving the request, beginning on the day we receive the request. However, in the event that we need more time (up to 90 calendar days) to respond to your request, we will provide you with notice and an explanation of the reasons that we will take more than 45 calendar days to respond. Any disclosures we provide will cover the 12-month period preceding the verifiable consumer request’s receipt. If we are unable to comply with a given request, we will provide you with a response explaining why we have not taken action on your request and identifying any rights you may have to appeal the decision.

We will not charge you 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.

The Right to Request Deletion of Personal Information

You have the right to request that we delete any personal information that we have collected from you and maintained about you. Once we receive and confirm your verifiable consumer request, if we determine that we must comply with a deletion request and delete your personal information from our records, we will also direct any service providers we work with to also delete your personal information from their records.

A household may request the deletion of aggregate household personal information by submitting a verifiable consumer request. If all consumers in a household jointly request deletion of household personal information, and we can individually verify all the members of the household, then we will comply with the request.

Please note that we may deny your deletion request for a number of different reasons, which are identified in the CCPA.

This right does not apply to Business Consumers.

Submitting a Verifiable Request to Delete Personal Information

To exercise your Right to Request Deletion, please submit a verifiable consumer request to us by either:

Calling us at 800-346-5426
Submitting the Request to Delete Personal Information Form

Only you (or an authorized agent) may make a verifiable consumer request for your personal information.

How We Verify Your Request to Delete Personal Information

We will verify your identity as follows:

If we have provided you with business equipment financing:
- You will need to provide us with (1) the agreement number of your finance or lease agreement with us, (2) the amount of the scheduled monthly payment under that finance or lease agreement, and (3) the address that is the location of the equipment which you leased or financed through us, which we will match with those three data points in our system to verify your identity.
If we have not provided you with business equipment financing:
- You will need to provide us with (1) the legal name of the business associated with your interaction with us (for example, the legal name of the business associated with the credit application) and (2) the legal structure of that business (for example, “corporation”, “limited liability company”, “sole proprietorship”, etc.), and (3) the business address of the business associated with your interaction with us which we will match with those three data points in our system to verify your identity.
There may be unusual circumstances where your interaction with us did not yield the data points listed above. In such a case, we will separately provide you information on the two or three, as applicable, data points we will use to verify you.

If we are unable to verify your identity, we will inform you that your identity cannot be verified and provide you with specific directions on how you may verify your identity.

Our Response to Your Request to Delete Personal Information

Authorized Agent for Requests

You may designate an authorized agent to make a request on your behalf. If you would like to use an authorized agent, which is an individual or business registered with the Secretary of State that you have authorized to act on your behalf, to submit a request, you must provide the authorized agent with written permission to do so and verify your own identity directly with us. We may deny a request from an agent that does not submit proof that they are authorized to act on your behalf.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. For example, unless otherwise 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 with a different level or quality of goods or services.
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Change to Our California Privacy Statement

We are required by law to update this California Privacy Statement at least once each year. This California Privacy Statement was last updated on 3/5/2022.

Contact Information

If you have any questions regarding our privacy policies, our California Privacy Statement, the ways in which we collect, use, and disclose your personal information, or how to exercise your rights under the CCPA, please do not hesitate to contact us at:

Phone: 800-346-5426
Email: [email protected]
Attn: Business Power Tools Team