XI. PRIVACY RIGHTS FOR CONSUMERS UNDER U.S. STATE LAWS
The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020
(collectively, the “CCPA”) provided California consumers with certain rights with
regard to their personal information. Since the CCPA’s passage, similar privacy rights have been extended
to consumers in other states under their respective privacy laws.
This Section explains those rights and how to exercise them. If you are a consumer and would like to exercise
your privacy rights under applicable state laws, please see subsections H, I and J of this Section below for
more information on how to submit a request.
A. RIGHT TO KNOW ABOUT AND ACCESS YOUR PERSONAL
INFORMATION
You may have the right to request that Octave provide you with information regarding what personal information
about you we have collected, used, disclosed, sold or shared. Once we receive your request and verify your
identity, we will disclose to you the following as applicable:
- 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 collecting, selling or sharing your personal information.
- The categories of third parties to whom we disclose your personal information.
- The categories of personal information that we have sold, shared or disclosed for a business purpose, and
for each category identified, the categories of third parties to whom we sold, shared or disclosed for a
business purpose that particular category of personal information.
- The specific pieces of personal information we collected about you.
B. RIGHT TO DELETE YOUR PERSONAL INFORMATION
You may have the right to request that Octave delete certain of your personal information that we have collected
from you, subject to the exceptions below. Once we receive your request and verify your identity, we will delete
(and notify our service providers and contractors to delete), unless the deletion is impossible or involves a
disproportionate effort, your personal information in our records that is not subject to any of the allowable
exceptions.
Exceptions
We may deny your deletion request where your personal information is required for any of the following reasons,
which we will identify in our response to you if we deny your request:
- Complete the transaction for which we collected the personal information, fulfill terms of a written
warranty or product recall, 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, when the use of personal information is reasonably necessary and
proportionate.
- Debug to identify and repair errors that impair existing intended functionality.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship
with us and compatible with the context in which information was provided.
- Comply with a legal obligation.
- Deletion is impossible or involves a disproportionate effort.
C. RIGHT TO CORRECT YOUR PERSONAL INFORMATION
You may have the right to request that Octave correct inaccurate personal information that we maintain about you.
Once we receive your request to correct inaccurate personal information and verify your identity, we will use
commercially reasonable efforts to correct (and direct our service providers and contractors to correct) your
personal information in our records as you have directed.
D. RIGHT TO OPT-OUT OF THE SALE OF YOUR PERSONAL
INFORMATION
You may have the right to opt-out of the sale of your personal information. However, as indicated in Section V
above, we have not sold personal information about you to third parties in the twelve (12) months prior to the
date of this Privacy Notice, and we will not sell personal information about you without further notice. If we
change our practices in the future for any new information that we collect from you, we will update this Privacy
Notice accordingly. As such, we do not offer a right to opt-out of sale.
E. RIGHT TO OPT-OUT OF THE SHARING OF YOUR PERSONAL
INFORMATION
You may have the right to opt-out of the sharing of your personal information for cross-context behavioral
advertising. However, as indicated in Section VI above, we have not shared personal information about you for
cross-context behavioral advertising with third parties in the twelve (12) months prior to the date of this
Privacy Notice, and we will not share personal information about you for cross-context behavioral advertising
without further notice. If we change our practices in the future for any new information that we collect from
you, we will update this Privacy Notice accordingly. As such, we do not offer a right to opt-out of
sharing.
F. RIGHT TO LIMIT THE USE OR DISCLOSURE OF YOUR SENSITIVE
PERSONAL INFORMATION
You may have the right to limit the use or disclosure of your sensitive personal information, which is a type of
data that receives heightened protection under the law (e.g., certain demographic information, government-issued
identification numbers, biometric or health data, etc.). However, we do not offer this right because Octave does
not collect sensitive personal information of consumers. If we change our practices in the future for any new
information that we collect from you, we will update this Privacy Notice accordingly.
G. RIGHT TO NON-DISCRIMINATION
You may have the right to not receive discriminatory treatment for exercising your privacy rights. Octave will
not discriminate or retaliate against any consumer who exercises any of the rights described above.
Specifically, except as permitted by applicable law, we will not deny you goods or services; charge you
different prices or rates, including through granting discounts or other benefits, or imposing penalties;
provide you with a different level of service or quality of goods or services; or suggest that you may receive a
different price or rate for goods or services or a different level or quality of goods or services.
H. HOW TO SUBMIT A REQUEST
If you are a consumer and would like to exercise any of the privacy rights identified above, you may submit a
request by either completing the form located at www.octavegroup.com/ccpa-request-form/or by calling us at (800)
221-1854.
Requests to exercise your rights which are set out above (relative to any Octave Specialty group company
domiciled in the UK) please contact Octave Specialty Limited’s Legal Department at:
Octave Specialty Limited
The Hallmark Building, 2nd Floor
52-56 Leadenhall Street, London, EC3A 2BJ
E-mail: info@octavegroup.com
Telephone: + 44 020 7123 5250
COMPLAINTS
If you have any concerns about the way in which an Octave Specialty group company are using your personal
information, please contact Octave Specialty's Legal Department in the first instance and we will try to resolve
your concern. However, you do also have the right to complain about how we treat your personal information to
the Information Commissioner’s Office (“ICO”). The ICO can be contacted at: https://ico.org.uk/.
I. SUBMITTING A REQUEST THROUGH YOUR AUTHORIZED AGENT
If you are a consumer, you may exercise your privacy rights through an authorized agent. If we receive your
request from an authorized agent, we may ask for evidence that you have provided such agent with a power of
attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your
behalf. If you are an authorized agent seeking to make a request, please reach out to us through the
“Contact Us” below section.
J. HOW WE VERIFY YOUR REQUEST
We cannot fulfill your request or provide you with your personal information if we cannot, using commercially
reasonable methods, 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.
Once you have provided the required information to Octave, we will confirm your identity by conducting a
commercially reasonable electronic search of our internal systems (which may include business applications,
digital files, and corporate emails) to ensure the information provided by you in your request matches what we
have in our systems.
In addition, for a request for specific pieces of information, you (or your authorized agent) must provide to
Octave a copy of a signed declaration under penalty of perjury that you are the individual whose information is
the subject of the request.
To verify your identity, we will ask that you provide the following information when you submit your
request:
- Your first and last name
- Your full address
- State of your primary residence
- Your telephone number
- Your email address
Depending on your type of request or the information requested by you, we may require additional information in
order to verify your identity and fulfill your request. If we cannot successfully verify your identity, we will
inform you of that fact.
We will initially confirm receipt of your request within ten (10) business days. We will then respond to your
request within forty-five (45) calendar days. However, in certain circumstances, we may require additional time
to process your request, as permitted by the CCPA or other applicable law. We will advise you within forty-five
(45) calendar days after receiving your request if such an extension is necessary and why it is needed. If we
cannot fulfill your request, our response to you will also explain the reason why we cannot fulfill your
request.
We do not charge a fee to process or respond to your consumer request unless it is excessive, repetitive, or
manifestly unfounded. If we determine that the request warrants a fee (only if permitted by law), we will tell
you why we made that decision and provide you with a cost estimate before completing your request.
You may only make a consumer request to know about or access your personal information twice within a twelve
(12)-month period.