Rights of California Residents

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Notice”) supplements the Nikon Koden America Website Privacy Policy located at https://us.nihonkohden.com/privacy-policy/ (“NKA Policy”) and applies solely to visitors, users, and others who reside in the State of California ("consumers" or "you").  Nihon Kohden America, LLC (“we”, “us” or “our”) adopts this Notice to comply with the California Consumer Privacy Act of 2018 as modified by the California Privacy Rights Act of 2020 (collectively referred to as “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

This Notice does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. Notice is provided to such individuals separately.

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 ("personal information"), as described in the Information We Collect About You and How We Collect It section of the NKA Policy. Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; and/or
• Information excluded from the CCPA'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), clinical trial data, or other qualifying research 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.

In particular and as identified below, we have collected the following categories of personal information 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, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), 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 genetic information).	NO
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, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	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.	NO

As applicable, we obtain the categories of personal information listed above from the following categories of sources:

• Directly from our customer or their agents. For example, information our customers provide to us related to the services and products for which they engage us.
• Directly from you. For example, through information we ask from you when our customers or their agents subscribe and engage our services and products.
• Directly and indirectly from you when using our services or visiting our website. For example, usage details collected automatically in the course of your interaction with our website.

 

Use of Personal Information

We may use or disclose personal information  that we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information to purchase equipment from us, we will use that information to process such purchase and delivery of the equipment;
• To provide you with information, products or services that you request from us;
• To provided email alerts, event registrations and other notices concerning our products or services, or events or news, which may be of interest to you;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and use, including for billing and collections;
• To present our website and its content to you and improve our website;
• For testing, research, analysis and product development;
• As necessary or appropriate to protect the rights, property or safety of us, our customers or others;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• As described to you when collecting your personal information or as otherwise set forth in the CCPA; and/or
• 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 personal information held by us is among the assets transferred.

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

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except for performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers;
• Category B: California Customer Records personal information categories; and/or
• Category D: Commercial information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates and subsidiaries;
• Service providers; and/or
• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

We do not sell personal information or “share” such information as defined in CCPA.

Your CCPA Rights and Choices 

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

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 (the "right to know"). Once we receive your request and confirm your identity (see Exercising Access, Data Portability, and Deletion Rights section below), we will disclose to you:

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

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Access, Data Portability, and Deletion Rights section below), we will review your request and determine if an exception allowing us to retain the information applies. 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 the personal information, 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;
• Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activities;
• Debug products 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 and/or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

To exercise the access, data portability, and deletion described above, please submit a verifiable consumer request directed to the contact information specified in Contact Information below.   

Only you, or a person registered with the California Secretary of State that you authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only submit a verifiable consumer request for access or data portability twice within a 12-month period. Your verifiable 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; and
• 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.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it. Making a verifiable consumer request does not require you to create an account with us.

We endeavor to substantively respond to a verifiable consumer request within forty-five (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.

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 our receipt of your request. The response we provide also will 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 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.

As mentioned above, we do not sell personal information.  

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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; and/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.

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

Change to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. The date of when this Notice was last updated is identified at the bottom of this page. You are responsible for periodically visiting our website and this Notice to check for any changes.

Contact Information

To ask questions or comment about this Notice, our privacy policies, the ways in which we collect and use your personal information, your choices and rights regarding such use, or if wish to exercise your rights under California law and any other aspect of our privacy practices, please contact us at: 

 

Nihon Kohden North America, Inc.

15615 Alton Parkway

Suite 150

Irvine, CA 92618

Attn:  Legal/Privacy 

privacy@nihonkohden.com

or via our toll-free number:  1-800-325-0283

 

Updated: November 24, 2025