CALIFORNIA PRIVACY POLICY

Effective date: January 1st, 2020

This policy describes how Yakult U.S.A. Inc. (“Yakult,” “we,” “us,” “ours”) handles thepersonal information of California residents (as defined in Section 17014 of Title 18 of the California Code of Regulations) other than job applicants and our employees (“you”, “your,” “yours”), and the rights that such residents have under the California Consumer Privacy Act of 2018 ("the CCPA").

Our handling practices:

We collect and share your personal information only for our operational and business purposes. We do not sell your personal information to third parties, nor do we share it with them for their marketing purposes without your consent. California law requires us to outline for you our collection and sharing practices as follows:

Collection Practices

Categories of Personal Information collected (past 12 months) Sources from which we collect Purposes for collection:
Identifiers (e.g. a real name, alias, postal address, online identifier, IP address, email address, social security number, passport number and other similar identifiers) We may collect this information from you, including during visits to any of our facilities, or otherwise if you contact us by telephone, mail, or internet. We may also collect this information from third parties such as credit rating agencies (e.g. credit history to perform credit checks), legal directories (e.g. records ofindividuals related or adverse to our customers to conduct conflict checks), and public records (e.g. records of litigation frompublic sources).
  • Providing goods and services
  • Auditing and compliance
  • Security
  • Quality/Safety maintenance
Commercial information (e.g. records of services provided, obtained, or considered, and other legal service related histories, tendencies or preferences) We may collect this information from you. We may also receive this information from third parties (e.g. third-party' marketing and events management platforms and other solutions, which may collect data on our behalf as service providers).
  • Providing goods and services
  • Auditing and compliance
  • Quality/Safety maintenance
Professional or employment-related information (e.g. business contact details, title or position, company affiliation, company address, etc.) We may collect this information from you. We may also collect this data from third parties (e.g. business contact details of our vendor’s individual account representatives).
  • Providing goods and services
  • Auditing and compliance
  • Security
Audio, electronic, visual, thermal, olfactory, or similar information We may collect this information from you (e.g., we may record a conference call or an event where you participate).
  • Providing goods and services
  • Auditing and compliance
  • Quality maintenance
Other records (any other information that identifies, relates to, describes, or is capable of being associatedwith you not already described in this policy) We may collect this information from you or from public sources (e.g. public registers and publicly available internet sites) and third parties (e.g. credit vetting agencies and third-party subscription services such as legal directories.)
  • Providing goods and services
  • Auditing and compliance
  • Security
Inferences (drawn from the information identified in this subdivision to create a profile about you reflecting your preferences in respect of our products or similar products) We may draw inferences from the information that we have received (e.g. we may draw the inference that you are interested in receiving updates from us).
  • Providing goods and services
  • Auditing and compliance
  • Quality/Safety maintenance
Geolocationdata (i.e. approximate location of a device or equipment based on geographical coordinates and measurements) We may collect this information from you.
  • Providing goods and services
Characteristics of protected classifications under California or federal law (dietary or medical conditions) We may collect this information from you.
  • Providing goods and services

Sharing Practices

CCPA Category of personal information: Persons or organizations receiving the data Purpose for sharing
Identifiers (e.g. a real name, alias, postal address, online identifier, IP address, email address, social security number, passport number and other similar identifiers) We may share this information with:
  • Service providers (e.g. credit vetting agenciesand background check firms) and business partners (e.g. local counsel);
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Commercial information (e.g. records of goods or services provided, obtained, or considered, and other legal service-related histories, tendencies or preferences) We may share this information with:
  • Service providers (e.g. e-billing and matter management platform service providers) and business partners ((e.g. banking institutions);
  • Other third parties;
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Professional or employment-related information (e.g. business contact details, title or position, company affiliation, company address, etc.) We may share this information with:
  • Service providers (e.g. marketing and events management platforms) and business partners (e.g. third-party consultants or experts);
  • Other third parties;
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Audio, electronic, visual, thermal, olfactory, or similar information We may share this information with:
  • Service providers (e.g. telecommunications operators) and business partners (e.g. third-party consultants or experts);
  • Other third parties (e.g. we may publicly post recordings from sponsored events);
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Other records (any other info that identifies, relates to, describes, or is capable of being associated with you not already described in this policy) We may share this information with:
  • Service providers (e.g. document review service providers) and business partners ((e.g. auditors);
  • Other third parties;
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Inferences (drawn from the information identified in this subdivision to create a profile about you reflecting your preferences in respect of our products or similar products) We may share this information with:
  • Service providers (e.g. IT service providers) and business partners (e.g. professional indemnity insurers);
  • Other third parties;
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Geolocationdata (i.e. approximate location of a device or equipment based on geographical coordinates and measurements) We may share this information with:
  • Service providers (e.g. data room administrators, document review service providers) and business partners (e.g. third-party consultants or experts, local counsel, opposing counsel);
  • Other third parties;
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.
Characteristics of protected classifications under California or federal law (i.e. dietary or medical condition) We may share this information with:
  • Governmental entities (where we are under a duty to disclose or as required to protect our rights or the rights of others).
 We may share information in this category:
  • For the business purpose we collected it for or for other purposes compatible with the context in which we collected the information;
  • At your request;
  • Pursuant to an exception recognized by CCPA.

Your rights:

If you are a resident of the State of California, you have the following rights under California law:

Right to know:

You have the right to request that we disclose to you: (1) thespecific pieces of personal information we have collected about you; (2) the categories of personal information collected or shared; (3) the purposes for which we collected or shared your personal information; and (4) the categories of third parties to whom we have disclosed personal information about you. Prior to disclosing the information, we are required to verify that the individual making the request is indeed the individual to whom the information relates. Once we receive a verifiable request, we must disclose toyou the information requested for the twelve months preceding your request. The law gives us 45 days to provide the information to you. Please see below for an explanation on how to submit a request to us. Please note that if the information you are requesting reveals details directly or indirectly about another person, we will need to seek consent of that person before we can disclose that information to you. In certain circumstances, where disclosure ofpart or all of the information you have requested would adversely affect the rights of others, we may not be able to disclose the information to you, in which case we will inform you promptly and give you the reasons for our decision. Please further note that information covered by an evidentiary privilege recognized under California Law (including attorney client privilege, communications privilege, and work product privilege) cannot be disclosed.

Right to delete:

You have the right to request deletion of the personal information about you that we have received from you. Prior to deleting the information, we are required to verify that the individual making the request is indeed the individual to whom the information relates. Once we receive a verifiable request, the law gives us 45 days to respond to it. As a general rule,we must delete the information at your request and require our vendors to doso as well. However, the law provides certain exceptions that allow us to retain the information even if you have requested that it be deleted. If we do not erase the information pursuant to one of those exceptions we must inform you of that fact and of any rights you may have to appeal our decision. Please see below for an explanation on how to submit a request to us.

Right to opt-out of sales (opt-in for minors):

You have the right to direct a business not to sell personal information about you. For minors under sixteen years of age, businesses are legally prohibited from selling their information unless the minor or the parents of the minor (if under 14) consentto the sale. Because we do not sell your personal information, there is no need for you to make a request to us to opt-out of sales.

Right against discrimination:

You have rights regarding any discriminationdirected at you due to your exercise of any of your above rights. Discrimination includes, but is not limited to, denying goods or services, charging different prices or rates for goods or services, or providing a different level or quality of goods or services. Businesses however are allowed to charge you a different price or rate, provide a different level or quality of goods or services, or offer financial incentives if the difference is reasonably related to the value provided to the business by your data and thefinancial incentive practices are not unjust, unreasonable, coercive, or usurious in nature.

How to submit a request:

In order to exercise your right to know or right to delete, please call us and leave a message at our toll-free number, +1 (833) 434-6500, or please submit a request to us using the contact information below.

Please include in your request:

  • Your full name and address
  • Former names (if applicable)
  • Former addresses (including dates of change) (if applicable)
  • Date of birth
  • Contact information (Phone number or email address)

Please indicate if you are acting as a representative of another individual and, if thatis the case, include the identification information both for yourself and for the individual you represent and a copy of the written authorization you have received.

ensure that we are releasing data to the right person, please provide sufficient proof of identity to confirm that you are entitled to the information requested. The nature of the identification required will depend on the nature of your request and your relationship to us. Any identification documents transmitted to us should be transmitted through secure means of communication and should be photocopies or scanned images (do not send the originals.)

To help us respond to your request please do identify your relationship to us in your request (e.g. former customer, current customer, etc.).

Please note that your CCPA rights are subject to certain conditions and exceptions such as limitations to your right to know based on our compliance with evidentiary privileges recognized under California Law (including attorney-client privilege) and exceptions to your right to erase under Cal. Civ. Code Sec. 1798.105(d).

We will endeavor to respond promptly and in any event within the period permitted by law described above.

As a general rule, we are not allowed to charge you a fee when you exercise your rights but, if your requests are manifestly unfounded or excessive, we are allowed to charge a reasonable fee, or refuse to act on the request.

How to contact us:

For general questions about this notice please contact us at: +1 (833) 434-6500

If you wish to exercise a CCPA right you may also submit your request:

By mail to:
Attention: Yakult U.S.A. Inc., 17235 Newhope St, Fountain Valley, CA 92708
Or
By email to:
CustomerService@yakultusa.com