Privacy Notice for California Residents
Table of Contents
Introduction
This Privacy Notice for California Residents of Accuray Incorporated (“Accuray” or “we”) (this “Notice”) supplements the information contained in the Accuray Privacy Policy 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 Consumer Privacy Act of 2018 (“CCPA”), as modified by the California Privacy Rights Act of 2020 (“CPRA”), which may be amended from time to time. Any terms defined in the CCPA and CPRA have the same meaning when used in this Notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”).
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
Information excluded from the CCPA’s and 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.
Categories of Personal Information We Collect
Below are the categories of personal information we have collected from consumers within the last 12 months.
| Category | Representative Data Elements | Collected |
|---|---|---|
| 1. Identifiers | Examples: A real name, alias, postal address, email address, unique personal or online identifier, internet protocol (IP) address, account name, social security number, passport number, driver’s license or state identification card number, other similar identifiers | YES |
| 2. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80 (e)) | Examples: Name, signature, social security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment history, bank account number, credit card information, debit card number, or any other financial information, medical information or health insurance information | YES |
| 3. Protected classification characteristics under California or federal law | Examples: Age (40 years or older), race, religious creed, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, gender, gender identity, or gender expression, age, sexual orientation, military and veteran status | YES |
| 4. Commercial information | Examples: Records of personal property, products or services purchased, obtained, or considered, other purchasing or consuming histories or tendencies | YES |
| 5. Biometric information | Examples: Fingerprints, faceprints, voiceprints, iris or retina scans, keystroke or other physical patterns, sleep, health or exercise data | YES |
| 6. Internet or other similar network activity information | Examples: Email, computer, internet, telephone, and mobile device usage, IP address, log-in information, and location information, browsing history, search history, or information regarding your interaction with website application or advertisement | YES |
| 7. Geolocation data | Examples: Physical location or movements | YES |
| 8. Sensory data | Examples: Audio and visual information | NO |
| 9. Professional or employment-related information | Examples: Performance management information, such as employment status (full-time or part-time, regular or temporary), work schedule, job assignments, hours worked, accomplishments and awards, training and development information, performance evaluation information, discipline and counselling information, employment termination information | YES |
| 10. Non-public education information (per the Family Educational Rights and Privacy Act [20 U.S.C. Section 1232g, 34 C.F.R. Part 99]) | Examples: Education records such as grades, transcripts, and class lists | YES |
| 11. Inferences drawn from other personal information | Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes | YES |
| 12. Personal information, which constitute(s) sensitive personal information as defined in the CPRA. | Examples: Payment Card Information if you purchase goods and/or services from us using the payment card.
| YES |
Categories of Personal Information We Collect
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you fill out, documents you submit, or direct interactions related to our products or services.
- Indirectly from you. For example, from navigation, activity, or submissions on or through our websites, or usage details collected automatically.
- From third parties that interact with us in connection with the services or activities we engage in. For example, social media services, like Facebook, LinkedIn, etc.
Purposes for Collecting Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services or to provide your feedback on our products and services, we will use that personal information to respond to your inquiry or request. 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 services to you, communicate with you, test or research for product development and/or further personalize or improve our websites, products and services.
- To create and maintain your account with us.
- To process your requests, purchases, transactions, and payments and to prevent transactional fraud.
- To provide you email notifications, event registrations, and other notices concerning your account, events or surveys related to our products or services.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To help maintain the safety, security, and integrity of our websites, products and services, databases and other technology assets, and business.
- To comply with applicable law and legal obligations to respond to governmental, law enforcement and court requests for personal information about our consumers. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may access and use your personal information to protect our rights, including in the event of a dispute, in response to legal process or law enforcement, or any abuse of our website.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA and CPRA.
- To conduct a merger, acquisition, or sale of all or substantially all of our assets in which personal information held by us is among the assets transferred.
We 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.
Disclosing Personal Information
We may disclose your personal information as necessary for the business purpose described herein. We require the recipient to keep that personal information confidential and not use it for any purpose except performing the intended services.
In the preceding twelve (12) months, Accuray has disclosed the following categories (corresponding with the table in the “Categories of Personal Information We Collect” section) of personal information for business purposes:
- Category 1, Category 2, Category 3, Category 4, Category 5, Category 6, Category 7, Category 9, Category 10, Category 11, and Category 12
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates
- Service providers
- Third parties that interact with us in connection with the services or activities we engage in.
In the preceding twelve (12) months, we had not sold or shared any personal information. As defined under the CCPA and the CPRA, “Selling” means selling or making available personal information to a third party for money or for other valuable consideration. “Sharing” means making available personal information to a third party for cross-context behavioral advertising, which means targeted advertising to a person based on the person’s activity across businesses, websites, apps, or services.
Data Retention Policy
As also indicated in the Accuray Privacy Policy, we retain your personal information as long as is needed for the purposes for which we obtained as described in this Notice and in accordance with Accuray’s records retention policy. We will retain and use the personal information for a longer period if it is required or permitted by applicable law or regulation.
Your Rights and Choices
The CCPA and CPRA grant California residents the following specific rights relating to their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know About Personal Information Collected, Access to Specific Information and Data Portability
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 specific pieces of personal information we collected about you;
- The categories of sources of personal information we collected about you;
- Our business purpose for collecting that personal information;
- The categories of personal information we disclose for a business purpose; and
- If we disclosed your personal information for a business purpose, the categories of third parties to whom we disclose your personal information
Deletion Request Rights
You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will review your request to see if any exception allowing us to retain the information applies. We will delete or de-identify the personal information from our records and notify our service providers to take similar action except where we rely on one or more exceptions discussed below.
Under the CCPA and CPRA, there are certain exceptions to our obligation to comply with your deletion request. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected your personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purposes (for example, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities);
- Debug our products and software to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for 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 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;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Non-Discrimination
You have the right not to be discriminated against as a result of exercising any of your rights listed above under the CCPA or CPRA rights. We will not discriminate against you for exercising any of your rights under the CCPA and CPRA , including by:
- Denying you goods or services;
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties on you;
- Providing you a different level or quality of goods or services.; or
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Correction Request Rights
You have the right to request that we correct inaccurate personal information we maintain about you.
How to Submit a Request regarding “Your Rights and Choices” above
You, as a California resident, can submit a request to exercise the rights described above under the CCPA and CPRA. Please submit a verifiable consumer request to us by either:
- Submitting a request through Accuray Data Privacy Webform Portal or
- Calling us at 888.522.3740.
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.
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.
- 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 the request to verify the requestor’s identity or authority to make it.
Response Timing and Format
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please reach out to us via Contact Accuray.
We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. 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.
We do not charge you 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.
If you are under the age of 18 years, please do not use or access our websites. It is not our intention to collect or use personal information from anyone under the age of 18 years, and we will not knowingly do so. In the event that we are made aware that we have collected any personal information from minors, and are asked to delete such information from our databases, we will promptly do so. In such event, please make a verifiable request as described in this Notice if you are under 18 years of age. If you are less than 13 years of age, such verifiable request must be made by your parent or guardian.
Changes to the Privacy Notice for California Residents
We will review this Notice on a periodic basis, and we may modify it as appropriate. Please be sure to check this page periodically. The date at the top of this Notice indicates when this Notice was last updated. Any updates or changes to this Notice will become effective when we make the updated notice available on or through the website. If we make material changes to this Notice, we will notify you here, or by means of a notice on our homepage. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.
