California Residents
This California Consumer Privacy Notice section (“California Notice”) applies to Consumers as defined by the California Consumer Privacy Act (as amended the “CCPA”) and should be read along with our other notices found on Transformco.com, and other websites in our family of brands (including but not limited to Sears, Kmart, and ShopYourWay). In the event of a conflict between any other Transformco policy, statement or notice and this California Notice, this California Notice will prevail as to California Consumers’ rights under the CCPA.
This California Notice applies to California Consumers that visit our Site. If you are a current employee of Transformco, you may view your California Notice by visiting MPI. If you are a job applicant, you may view your California Notice by visiting our Careers page. If you interact with us in other contexts and have questions about your privacy rights or our Information Practices you can contact us at (888) 823-0650.
Capitalized terms that are used herein shall have the meaning given to them in the remainder of the Privacy Policy except capitalized terms defined in the CCPA that are used in this California Notice shall have the same meaning as in the CCPA. Unless otherwise noted, the disclosures contained within this California Notice cover our activities in the prior 12 months from the Effective Date noted atop this Privacy Policy, as well as our current practices.
How and Why We Collect Your Personal Information
We Collect, use, and disclose the categories of Personal Information about California Consumers that are indicated in the chart below. Note that the specific pieces of Personal Information we Collect, use, and disclose about you may vary depending on the nature of your interactions with us, and may not include all of the examples listed.
| Category of Personal Information | Business Purposes for Collection, Use, and Disclosure |
|---|---|
| Identifiers such as a real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services. • Detecting security incidents and protecting against malicious, deceptive, or illegal activity. • Debugging the Site to identify and repair errors.• Internal research and development.• Quality and safety assurance, and improving, upgrading, and enhancing the Site and our products and services; and• Processing and managing interactions and transactions on the Site and our products and services. |
| Personal Records, any personal information described in subdivision (e) of Section 1798.80 of the California Civil Code) such as the Identifiers listed above, telephone number, or other financial information. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.• Detecting security incidents and protecting against malicious, deceptive, or illegal activity. |
| Protected Classifications under California or federal law (e.g., age, gender, household information, marital status, veteran or military status). | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services. |
| Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.• Internal research and development; and• Processing and managing interactions and transactions on the Site and our products and services. |
| Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a Consumer’s interaction with an internet website application, or advertisement. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.• Detecting security incidents and protecting against malicious, deceptive, or illegal activity.• Debugging the Site to identify and repair errors.• Internal research and development.• Quality and safety assurance, and improving, upgrading, and enhancing the Site and our products and services; and• Processing and managing interactions and transactions on the Site and our products and services. |
| Geolocation data. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.• Detecting security incidents and protecting against malicious, deceptive, or illegal activity; and• Processing and managing interactions and transactions on the Site and our products and services. |
| Sensory information, audio, electronic, visual, or similar information. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services; and• CCTV recordings from inside our facilities for use in fraud investigations and security purposes and call center recordings from when you contact customer service. |
| Professional or employment-related information, (Ex. education level or employment status). | • Processing and managing interactions and transactions on the Site and our products and services. |
| Inferences drawn from any of the information identified in this subdivision to create a profile about a Consumer reflecting the Consumer’s preferences, characteristics, or predispositions. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services.• Internal research and development.• Quality and safety assurance, and improving, upgrading, and enhancing the Site and our products and services; and• Processing and managing interactions and transactions on the Site and our products and services. |
| Sensitive Personal Information, precise geolocation. | • Providing the Site and our products and services, including maintaining and servicing your accounts, verifying your information, processing payments, advertising, marketing, or analytic services, and similar functions and services. |
Sources of Personal Information We Collect Personal Information directly from you, your devices or browser, vendors that assist us in providing our services and running our internal business operations, data analytics providers, advertising networks, suppliers, public databases, social media platforms, data enrichment services, other companies in the Transformco family of businesses, and other data providers.
Recipients to Which Personal Information is Disclosed We use Service Providers to help us operate our websites and provide other services on our behalf such as credit and collection agencies, marketing services companies, call center vendors, and field services technicians. Our Service Providers only use Personal Information they Collect or Process on our behalf to provide us services.
Retention of Personal Information We keep the categories of Personal Information described above for the purposes described in this California Notice or otherwise authorized by law. This generally means holding the Personal Information for as long as one of the following criteria apply:
- to manage our operations, to manage your relationship with us, to provide you with information regarding our products or services, or to satisfy another purpose for which we Collected the information;
- to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was Collected;
- to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
- we are otherwise required or permitted to keep your Personal Information by applicable laws or regulations.
Where Personal Information is used for more than one purpose, we may retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
Selling and Sharing of Personal Information We may Sell or Share Identifiers, Internet or other electronic network activity information, and/or geolocation data for advertising and marketing purposes with Third Parties including our advertising and analytics partners. We do not Sell or Share Personal Information obtained for text messaging purposes–including Personal Information obtained for opt-in consent purposes–with any Third Parties for those Third Parties’ own marketing purposes.
Your CCPA Rights
Right to Opt Out of Sales and Sharing You can opt out of Sales and Sharing of your Personal Information in the context of Cookies by clicking on the “Do Not Sell or Share My Personal Information” link in the footer of the Site you are visiting. Opting-out will not affect our ability to personalize your experience on our Site. We may still present contextual advertisements or you may still receive non-personalized advertisements that do not rely on “Sales” or “Sharing” to our advertising partners. Because of the way some Third Parties operate, you may need to also opt-out on your other browsers and devices. Cookie-enabled opt-out signals may no longer be effective if you block or clear Cookies. For more information on how to exercise choices regarding Cookies and interest-based advertising, see the section above titled "[Interest-Based Ads - Online Advertisements][7]."
We use Service Providers to help us operate our Sites and provide other services on our behalf. Our Service Providers only use Personal Information they Collect or Process on our behalf to provide us services. Opting out will not affect Cookies deployed by our Service Providers.
Opt-Out Preference Signals You may also opt out of the Sale or Sharing of your Personal Information through an opt-out preference signal. In order to process your request through an opt-out preference signal, you must use a browser supporting the preference signal. If you choose to use an opt-out preference signal, you will need to turn it on for each browser and each device you use.
Non-Discrimination We will not discriminate against you in a manner prohibited by the CCPA because you exercised your CCPA rights
Rights to Know, Delete, and Correct Personal Information California Consumers have the right to exercise certain privacy rights under the CCPA. Any request you submit to us is subject to an identification and residency verification process. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we Collected Personal Information.
If you are unable to provide us with certain information about yourself or, in some cases, about your transaction history with us, we will be unable to verify your identity to fulfill a request to know or delete. As an initial matter, we require you to provide your name, address, email address, and phone number to be submitted via our online request form or toll-free telephone number. In some cases, we may verify identity by confirming that you are the owner of the email address we have on file. For specific pieces of Personal Information, we will apply heightened verification standards, and reserve the right to request further information from you.
If we cannot comply with a request, we will explain the reasons in our response. We will make commercially reasonable efforts to identify Consumer Personal Information that we Collect, Process, store, disclose, and otherwise use to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
You may use an authorized agent to submit a consumer rights request. If you use an authorized agent to submit a request, we may require proof that the agent has been authorized by you to do so, and take other steps permissible under the CCPA, to ensure it is a proper request by an authorized agent.
a. The Right to Know You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of Personal Information we have Collected about you.
- The categories of sources from which we Collected your Personal Information.
- The Business or Commercial Purposes for our Collecting and/or Selling/Sharing your Personal Information.
- The categories of Third Parties to whom we have Sold/Shared your Personal Information.
- A list of the categories of Personal Information disclosed for a Business Purpose.
- A list of the categories of Personal Information Sold/Shared about you, or that no Sale/Share occurred. If we Sold/Shared your Personal Information, we will explain:
- The categories of your Personal Information we have Sold/Shared.
- The categories of Third Parties to which we Sold/Shared Personal Information, by categories of Personal Information Sold/Shared for each Third Party.
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your Personal Information that we have Collected in the period that is 12 months prior to the request date and are maintaining. Please note that Personal Information is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
b. The Right to Deletion You may request that we delete your Personal Information that we have Collected directly from you and are maintaining. Exceptions do apply, including, without limitation, where we need to retain your Personal Information for regulatory reasons, to complete a warranty or other contract with you, or other internal uses of the information that are compatible with the context in which you provided it.
c. Right to Correct You may request that we correct Personal Information that we maintain about you if you believe such Personal Information is inaccurate. We may request documentation from you in connection with your request where we have reliable documentation showing the accuracy of the information. As with a Right to Know or Right to Delete request, to protect you, we will require you (or your agent) to be verified before honoring your correction requests. Upon receipt of a verifiable request to correct inaccurate Personal Information, we will use commercially reasonable efforts to correct the information as you direct. You may be able to correct certain Personal Information that we maintain about you by visiting your “My Account”.
d. Exercise Your Rights To exercise the right to know, correct, or right to delete, you may submit a request by calling us at (888) 527-6415 or online by clicking [here][26]. In order to complete your request, you will be required to respond to any follow up inquires we may make, and we may deny your request if you do not do so.
Notice of Financial Incentive and Non-Discrimination*
This Financial Incentives disclosure applies to the Shop You Way program (“Shop Your Way” or the “Program”). A separate notice for it follows below. We may add or change programs and/or their terms by posting a notice on the program descriptions, so check them regularly. We will not discriminate against you if you exercise any of the rights provided by the CCPA. You can opt-out of non-Program marketing emails or delete your Personal Information from our active marketing lists and retain your Program account and benefits.
California Shine the Light Law California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of personal information to third parties for their own direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with Shine the Light by contacting us at [email protected] or by sending a letter to:
Transform SR Holding Management LLC ATTN: Legal Intake/Privacy Team 5407 Trillium Boulevard, Suite B120 Hoffman Estates, Illinois 60192
Any such request must include “California Shine the Light Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.