ECHO Incorporated Privacy Notice for California Residents

Effective Date: January 20, 2020

Last Reviewed: June 27, 2023

This Privacy Notice for California Residents supplements the information contained in ECHO Incorporated’s (“ECHO”, “we”, “our”, “us”) Online Privacy Policy (located at https://www.echo-usa.com/privacy-policy) and applies solely to all visitors, users and customers 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 the California Privacy Rights Act of 2020 (CPRA), as amended (collectively, “CPRA”) and any terms defined in the CPRA have the same meanings when used in this notice.

 California Notice at Collection

ECHO Incorporated (“ECHO”, “we”) are collecting your personal information to support our business operations, including for the business purposes listed in the chart below. 

We will not sell the personal information we collect. We may share it with third parties for cross-context behavioral advertising, as further described below.

To view our full Online Privacy Policy, visit https://www.echo-usa.com/privacy-policy. 

We may collect the personal information categories listed below.  

We may use or disclose the personal information we collect for one or more of the following purposes: 

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns. 
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, 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 CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ECHO’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ECHO about our Website users is among the assets transferred.

ECHO 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. 

Purposes for the Collection and Use of Sensitive Personal Information 

Subject to your consent where required by applicable law, we may use Sensitive Personal Information for purposes of performing services for our business, providing goods or services as requested by you, ensuring security and integrity, short term transient use such as displaying first party, non-personalized advertising, order processing and fulfillment, servicing accounts, providing customer service, verifying customer information, processing payments, providing financing, and activities relating to quality and safety control or product improvement. 

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected.  The criteria used to determine our retention periods include:   

• The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise; 
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or 
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

Sales and Sharing of Personal Information

We will not sell the Personal Information, including any Sensitive Personal Information, we collect. 

We may share certain categories of Personal Information with third parties for cross-context behavioral advertising, specifically the following categories: 

• Category A: Identifiers.
• Category G: Geolocation data. 

You may submit a request to “opt-out” by using the link provided below. Please note that some uses of Personal Information may not be considered “sales” or “sharing” under the CPRA and certain exemptions may apply under the CPRA. 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet webpage link: 

“Do Not Sell or Share My Personal Information”

Once you make an opt-out request, it will remain valid for twelve (12) months from the date of the request. 

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. 

Information We Collect

ECHO, both through its Website and offline, collects 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”). In particular, ECHO has collected, either through its Website or offline, the following categories of personal information from its consumers within the last twelve (12) months: 

Personal information does not include:

• Publicly available information from government records.
• Deidentified 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;
  • 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.

ECHO obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns. 
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, 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 CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ECHO’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ECHO about our Website users is among the assets transferred.

ECHO 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.

Purposes for the Collection and Use of Sensitive Personal Information 

Subject to your consent where required by applicable law, we may use Sensitive Personal Information for purposes of performing services for our business, providing goods or services as requested by you, ensuring security and integrity, short term transient use such as displaying first party, non-personalized advertising, order processing and fulfillment, servicing accounts, providing customer service, verifying customer information, processing payments, providing financing, and activities relating to quality and safety control or product improvement.

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected.  The criteria used to determine our retention periods include:   

• The length of time we have an ongoing relationship with you and provide services to you (for example, for as long as you have an account with us or keep using our services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise; 
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or 
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

Disclosing Personal Information

ECHO 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 disclose your personal information to the following categories of third parties:

• Our affiliates.
• Business partners (to facilitate users’ purchases of ECHO products).
• Service providers (including, but not limited to, attorneys, accountants, IT service providers).
• Data aggregators.

Disclosures of Personal Information for a Business Purpose

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

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

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

• Our affiliates.
• Business partners (to facilitate users’ purchases of ECHO products).
• Service providers (including, but not limited to, attorneys, accountants, IT service providers).
• Data aggregators.

Sales or Sharing of Personal Information 

In the preceding twelve (12) months, ECHO has not sold personal information.

In the preceding twelve (12) months, ECHO has shared personal information from the following categories for cross-context behavioral advertising purposes:

Category A: Identifiers.

Category G: Geolocation data.

We share your personal information for cross-context behavioral advertising purposes to the following categories of third parties:

• Our advertising partners.

Your Rights and Choices 

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

Access to Specific Information and Data Portability Rights

You have the right to request that ECHO 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 (see Exercising Access, Data Portability, Deletion and Correction), 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 ECHO 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, Deletion and Correction), 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, provide product warranty service, fulfill the terms of a product recall conducted in accordance with federal law, 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. 

Right to Correct

You have the right to request ECHO to correct inaccurate personal information collected about you. ECHO will make commercially reasonable efforts to correct any inaccurate personal information we hold about a consumer within 45 days of receiving a verifiable consumer request. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Right to Opt-Out of Personal Information Sales and Sharing

If you are age 16 or older, you have the right to direct us to not sell or share your personal information for cross-context behavioral advertising purposes at any time (the "right to opt-out"). You may submit a request to “opt-out” by using the link provided below. Please note that some uses of personal information may not be considered “sales” or “sharing” under the CPRA and certain exemptions may apply under the CPRA. 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet webpage link:  

“Do Not Sell or Share My Personal Information”

Once you make an opt-out request, it will remain valid for twelve (12) months from the date of the request.  

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.  

Right to Limit Disclosure or Use of Sensitive Personal Information

You have the right to limit the disclosure or use of your sensitive personal information to only those actions necessary for ECHO to provide goods and services to you or as otherwise specifically directed by you. Please note that we do not currently collect or use sensitive personal information to infer characteristics about consumers triggering such limitation 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 1-800-432-3246
• Emailing us at marketing@echo-usa.com.

Only you, or someone legally authorized 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. To designate an authorized agent, you must first verify your identity directly with us and provide written authorization to your agent to make requests on your behalf.

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, which may include:
  • Your name, address, and any other information we may require to verify your identity.
• 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 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, specifically .csv format.

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

ECHO reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the ECHO Web Site and update the notice's effective date. Your continued use of the ECHO Web Site following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which ECHO collects and uses your information described below and in the Online Privacy Policy, 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: 1-800-432-3246

Email: marketing@echo-usa.com