Privacy Notice for California Residents

Effective Date: November 10, 2022

This Privacy Notice for California Residents (this “Notice”) supplements the information contained in our Website Privacy Policy found on our website www.hawkerpowersource.com (the “Website”), and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopted this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) the California Privacy Rights Act of 2020 effective January 1, 2023 (“CPRA”) and other California privacy laws. Any terms defined in the CCPA and CPRA have the same meaning when used in this notice. 

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. Please contact your local Human Resources representative for a copy of our Privacy Notice for California Job Applicants and Employees.

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, household, or device ("PI"). PI does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA and CPRA 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; and
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We may also collect Sensitive Personal Information (“SPI”) is a subset of PI that requires greater security protections and standards of care in handling. SPI, also known as "special categories of information", is defined as information that if lost, compromised, or disclosed could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. 

In particular, we have collected the following categories PI and SPI from consumers within the last twelve (12) months: 

 

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.	YES
B. Sensitive Personal Information	A name, signature, Social Security number, passport number, driver's license or state identification card number, account log-in, bank account number, credit card number, debit card number, or any other financial information in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of an individual’s mail, email, and text messages unless the Company is the intended recipient of the communication, genetic data, an individual’s biometric information used to uniquely identify the individual, personal information collected and analyzed regarding an individual’s health, and personal information collected and analyzed regarding an individual’s sex life or sexual orientation.	YES
C. Protected categories	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), AIDS/HIV status, medical condition, political activities or affiliations, and status as a victim of domestic violence, assault, or stalking	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, facial recognition, hand geometry, and sleep, health, or exercise data.	NO
F. Internet or similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Job preference and work availability, qualifications, employment history and experience, compensation, military service, reference and background check information, including relevant criminal history and credit history, pre-employment test results, post-offer medical and medical examination information and results, including drug test results, immigration and work eligibility, and information provided by you during the interview and hiring process.	YES
J. Non-public education information	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

We obtain the categories of PI 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, transfer, or disclose the PI 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 PI to respond to your inquiry. If you provide your PI 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 PI or as otherwise set forth in the CCPA and CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which PI held by us about our Website users is among the assets transferred.

We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your PI to a third party for a business purpose or sell your PI, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose PI for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PI confidential and not use it for any purpose except performing the contract. The CCPA and CPRA prohibits third parties who purchase the PI we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your PI with the following categories of third parties: 

• Service providers.
• Affiliated legal entities.
• Business partners. 

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of PI or SPI for a business purpose: 

A. Identifiers
B. Sensitive Personal Information
C. Protected categories
D. Commercial information
F. Internet or similar network activity
G. Geolocation data
I. Professional or employment-related information
K. Inferences drawn from other personal information

We disclose your PI or SPI for a business purpose to the following categories of third parties: 

• Service providers.
• Affiliated legal entities.
• Business partners.

Sales of Personal Information

In the preceding twelve (12) months, the Company has not sold PI or SPI. We may transfer or disclose your PI or SPI, for valuable consideration to affiliated legal entities, service providers, and business partners on your behalf in order to reasonably achieve the purpose for which such information was collected or processed or similar operational purposes that are compatible with the context in which such PI or SPI was collected.  

Your Rights and Choices

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

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your PI over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of PI we collected about you.
• The categories of sources for the PI we collected about you.
• Our business or commercial purpose for collecting or selling that PI.
• The categories of third parties with whom we share that PI.
• The specific pieces of PI we collected about you (also called a data portability request).
• If we sold or disclosed your PI for a business purpose, two separate lists disclosing:
  • sales, identifying the PI categories that each category of recipient purchased; and 
  • disclosures for a business purpose, identifying the PI categories that each category of recipient obtained. 

Right to Know

You have the right to request that we disclose the following about your PI, as defined by the CCPA and CPRA:

• The specific PI we may collect;
• The categories of PI we may collect;
• The categories of sources from which we may collect your PI;
• The business purpose(s) for collecting or sharing your PI;
• The categories of PI we may disclose for business purposes; and
• The categories of third parties to whom we may share your PI.

Deletion Request Rights

You have the right to request that we delete any of your PI or SPI 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, and Deletion Rights), we will delete (and direct our service providers to delete) your PI or SPI 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 PI or SPI, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 and Right to Rectify

In certain circumstances, you have the right to request correction of any inaccurate PI. Upon verifying the validity of a verifiable consumer correction request, we will use commercially reasonable efforts to correct your PI as directed, taking into account the nature of the PI and the purposes of maintaining your PI. Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply.

Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your PI at any time (the "right to opt-out"). We do not sell the PI of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to PI sales may opt-out of future sales at any time. 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: https://www.hawkerpowersource.com/webpolicies/dnsmpi.html

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize PI sales. However, you may change your mind and opt back into PI sales at any time by emailing us at privacy@enersys.com or by logging in through, or creating, a new password protected account.

You do not need to create an account with us to exercise your opt-out rights. We will only use PI provided in an opt-out request to review and comply with the request.

You also have the right to limit how your SPI is disclosed or shared with third parties, as defined in the CCPA and CPRA.

Exercising Access, Data Portability, and Deletion Rights

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

• Calling us at 1-855-472-2459
• Emailing us at privacy@enersys.com
• Visiting www.enersys.com
• Mailing us at Legal Department, 2366 Bernville Rd., Reading, PA 19605

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your 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 the information or an authorized representative, which may include:
  1. at least two data points the requester provides to match with information we hold; 
  2. a signed declaration under penalty of perjury from requester stating that the person is the consumer whose information is the subject of the request; or
  3. other evidence we have determined is sufficient to verify and match for verification purposes.
• 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 information if we cannot verify your identity or authority to make the request and confirm the information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to information associated with that specific account.

We will only use PI provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. 

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

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 45 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 PI that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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 rights. Unless permitted by the CCPA or 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.

However, we may offer you certain financial incentives permitted by the CCPA and CPRA that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your PI's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior consent, which you may revoke at any time. 

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@enersys.com or write us at: Legal Department, 2366 Bernville Rd., Reading, PA 19605.

Changes to Our Privacy Notice

We reserve 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 Website and update the notice's effective date. Your continued use of our Website 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 EnerSys collects and uses your information described below and in the 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: 1-855-472-2459

Website: www.enersys.com

Email: privacy@enersys.com

Postal Address:

EnerSys
Attn: Legal Department
2366 Bernville Road
Reading, PA 19605