Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA) POLICY

CALIFORNIA CONSUMER PRIVACY ACT (CCPA) POLICY

This privacy policy and notice for California residents applies solely to visitors, users, and individuals, who reside in the State of California (“consumers,” “class members,” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). The terms “business,” “business purpose”, “personal information”, “processing”, and “service provider” have the meanings giving to them in the CCPA.

Our Role

Heffler Claims Group (“Heffler”) may collect and use consumer personal information for its commercial and business purposes and related operational purposes. With respect to these activities, Heffler may have direct responsibilities as a business subject to the CCPA. For example, with respect to certain activities related to direct interaction with consumers who have a direct relationship with Heffler, interacting with prospective/current clients, marketing, website and web application use, engaging vendors, and interacting with visitors/users of our Website. In these cases, this privacy policy is applicable.

Heffler also collects and uses personal information in its capacity as a Service Provider in order to perform our claims administration services on behalf of our clients and at the direction of the court. This means that throughout the claims administration process, the client retains control over personal information collected and processed. Where we collect and process your personal information on behalf of our clients to support claims administration, if you have questions or wish to exercise your rights relating to your personal information (such as information, access, or deletion) please contact that client directly.

Categories of Personal Information We Collect

The specific personal information that we collect, use, and disclose relating to a California resident covered by the CCPA will vary based on our relationship or interaction with that individual.

In the past 12 months, we have collected, used, and disclosed to third parties for our business purposes, the following categories of personal information relating to California residents covered by this policy:

Category Examples may include:
Identifiers Name, alias, postal address, unique personal identifier, online identifier, internet protocol address (IP Address),email address, account name, social security number, driver’s license number,passport number, or other similar identifiers.
Personal Information categories described in California Customer Records statute (Cal. Civ. Code § 1798.80(e)) 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.
Protected classification characteristics under California or federal law 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.
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet/network activity Browsing history, search history, and information regarding a consumer’s interaction with an internet website,application, or advertisement.
Geolocation data Physical location or movements.
Professional or employment-related information Current or past job history.
Non-public education information (per theFamily Educational Rights and Privacy Act 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 financial information.
Inferences drawn from other personal information. Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics,psychological trends, preferences, predispositions, behavior, attitudes,intelligence, abilities, and aptitudes.

Sources of personal information we collect:

  • Information directly from you, the consumer or class member, that you choose to provide, when you interact with us, for example when you communicate with us by phone, email, or otherwise, submit a claim form, register for an event, subscribe to marketing or other communications, or inquire about, or purchase a product or service.
  • Information we automatically collect when you interact with our website, content, or emails, such as your IP address and the pages you visited, and when you use our services, we may collect information on how you use those services. Please see our Cookie Policy for additional information.
  • Information provided by our clients or the courts, in order for us to provide specific services as a Service Provider, or information from third parties, acquired at the direction of our clients in order to provide the services.
  • Information from Other Sources, including service providers or publicly available sources.

Business Purposes

We collect personal information to offer and administer our services and products

  • To provide the products or perform services for clients pursuant to an agreement, including contacting you in the course of our ordinary commercial relationship, verifying client information, processing payments, or similar activities as needed to provide services for or on behalf of our clients.
  • For marketing purposes. For example, we may use your information to further discuss your interest in the Services and to send you information regarding Heffler such as information about promotions, events, products or services. You may opt-out of receiving marketing communications and updates at any time.
  • For improving Heffler’s communications with you. Emails sent to you by Heffler may include standard tracking, including open and click activities. Heffler may collect information about your activity as you interact with our email messages and related content, in order to verify or maintain the quality of our communications, or improve, upgrade, or enhance the services we provide.
  • For operating and improving Heffler’s website and web applications and your customer experience, including debugging to identify and repair errors that impair existing intended functionality, or to verify or maintain the quality of our website, and to improve, upgrade, or enhance the website services. For example, we may collect and analyze data on your use of our website and process it for the purpose of improving our online experience. Please see our Cookie Policy for additional information.
  • For security purposes, including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • For other business purposes, which will be disclosed at the time we collect personal information.

Disclosure/Sharing of Personal Data

In the preceding twelve (12) months, we have not sold any personal information.

We share personal information for our business purposes with the following categories of third parties:

  • Our clients and courts when necessary to complete the claims administration process.
  • Our affiliates, as needed to operate our business and provide services.
  • Service providers, such as vendors, consultants and other service providers who are performing certain services on behalf of Heffler, in which case we enter a contract that describes the purpose of processing and requires the recipient to not use it for any purpose except performing the contract.
  • 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.

Your Rights

Subject to the CCPA and other applicable laws, you have the following rights concerning your data processed by Heffler:

  • Access: You have the right to request to access the personal information that Heffler holds about you, including categories of information collected, categories of sources from which the information is collected, our business purpose for collecting information, and categories of third parties with whom we share your information.
  • Deletion: You can request that Heffler erase your personal data.
  • Non-discrimination: Heffler will not discriminate against a consumer because the consumer exercised any of the consumer’s rights under the CCPA.

Please contact us if you wish to exercise your rights under CCPA:

  • Via email: privacy@hefflerclaims.com
  • In writing:
    Duff & Phelps Compliance and Privacy Office
    311 S. Wacker Drive, Suite 4200
    Chicago, IL 60605
Settlement Class Members and the Plaintiffs do not release claims for actual bodily injury, nor claims unrelated to the allegations in the complaint such as pension, or product liability or contract claims or claims of former Rocky Flats workers under Workman’s Compensation or similar laws or regulations. For example, if you believe you have gotten cancer from exposure to plutonium from Rocky Flats, you are not giving up the right to sue over that, just by filing a claim as part of this settlement. If you are a Class Member and file a timely and valid claim as part of this settlement, you can still decide to sue if you have cancer or develop cancer or have suffered other bodily injury. You would need to consult your own lawyer about any such potential lawsuit. Plaintiffs and Class Counsel are not suggesting that you may or do have any claims for bodily injury, nor expressing any opinion about the likelihood of success if you decide to pursue such claims – again, you would need to consult your own lawyer about any such potential lawsuit.
This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-528-0187.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Critical Deadline:

    Monday, October 15, 2018

    Pursuant to the Court’s Order: “All claimants must submit all required information, materials, and documentation to the Settlement and Claims Administrator on or before October 15, 2018 in order for their claims to be accepted…” and “No claims may be amended after October 15, 2018, including to add any additional claimant(s).”

  • Critical Deadline.

    Sunday, December 31, 2017

    Pursuant to the Court's Order: "No Claim submitted after December 31, 2017 may be included in the initial distribution or any subsequent distribution(s) for any reason whatsoever. Claims received after December 31, 2017 against the Settlement Fund shall be barred."

  • Notices and Claim Forms were mailed to potential Class Members on

    Wednesday, September 14, 2016

    The Settlement and Claims Administrator mailed a Notice and a blank Claim Form to potential Class Members on Wednesday, September 14, 2016.  Click here for the on-line Claim Form or click here for the PDF versions of these documents.

  • Plaintiffs’ motion for attorneys’ fees, costs, expenses and awards.

    Thursday, January 12, 2017

    Plaintiffs’ motion for attorneys’ fees, reimbursement of costs and expenses and for service awards on or before Thursday, January 12, 2017. The motion, memorandum in support, and all related materials will be posted on this website in the “Important Documents” section once filed.

  • Notice of Your Intention to Appear at the Fairness Hearing.

    Wednesday, March 1, 2017

    You must mail your notice of intention to appear at the hearing so that it is postmarked no later than Wednesday, March 1, 2017.

  • Objections to the Settlement.

    Wednesday, March 1, 2017

    You must mail your objections to the Settlement so that it/they are postmarked no later than Wednesday, March 1, 2017.

  • Exclude yourself from the Class.

    Wednesday, March 1, 2017 You must mail your exclusion request so that it is postmarked no later than Wednesday, March 1, 2017.
  • Plaintiffs’ motion for final approval of the settlement.

    Friday, March 31, 2017

    Plaintiffs’ motion for final approval of the settlement shall be filed on or before Friday, March 31, 2017. The motion, memorandum in support, and all related materials will be posted on this website in the “Important Documents” section once filed.

  • Reply brief in further support of motion for attorneys’ fees, costs, expenses and awards.

    Friday, March 31, 2017

    Any reply brief in further support of the motion for attorneys’ fees, reimbursement of costs and expenses and for service awards (which was filed on January 12, 2017) shall be filed on or before Friday, March 31, 2017. The reply brief and all related materials will be posted on this website in the “Important Documents” section once filed.

  • Fairness Hearing scheduled for 11 a.m. MDT on

    Friday, April 28, 2017

    The Fairness Hearing is currently scheduled for Friday, April 28, 2017 at 11 a.m. MDT. Please check this website for updates. The Fairness Hearing date is subject to change.

  • Claim Form Deadline.

    Thursday, June 1, 2017

    You must submit your Claim Form on-line OR mail your completed paper Claim Form postmarked no later than Thursday, June 1, 2017. Click here for the on-line Claim Form or click here for the PDF Claim Form.

  • Motion for Initial Distribution of the Net Settlement Funds.

    Friday, October 13, 2017

    Class Counsel filed a Motion for Initial Distribution of the Net Settlement Funds, which is available in the ‘Documents’ section of this website. 

  • Order Granting Unopposed Motion for an Initial Distribution of the Net Settlement Funds.

    Monday, October 23, 2017

    On October 23, 2017, the Court issued its Order for Initial Distribution of the Net Settlement Funds. The Order is available in the ‘Documents’ section of this website. At this time, the exact amounts and timing of the Initial Payments are not available because we are calculating and finalizing the Initial Payments. We anticipate that Initial Distribution checks will be sent within thirty (30) days of the Order becoming final. Please re-visit this website for updates.

Important Documents

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