NOTICE TO CALIFORNIA RESIDENTS:
|SPECIFIC DATA RIGHTS PURSUANT TO THE CCPA; OTHER NOTICES UNDER THE CCPA
|THE CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT FROM YOU.
|THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION
|WHO WE SHARE YOUR PERSONAL INFORMATION WITH AND FOR THOSE PURPOSES.
|YOUR RIGHT TO HAVE ACCESS TO YOUR PERSONAL INFORMATION, YOUR DATA PORTABILITY RIGHTS, AND YOUR DELETION REQUEST RIGHTS; AND HOW TO ACCESS THESE RIGHTS
|NOTICE REGARDING SALE OF ANY PERSONAL INFORMATION TO A THIRD PARTY
NOTICE TO NEVADA RESIDENTS:
1. INFORMATION WE COLLECT
During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which You provide to Us, as described in Section 1.1 below, or which is automatically collected, as described in Section 1.2 below (hereinafter collectively referred to as the User’s “Personal Information”).
1.1 INFORMATION YOU PROVIDE TO US.
We collect Personal Information that You may, from time to time, provide directly to Us. For example, we may collect Personal Information from You if You:
- provide Us with any data about You through the Company Website
- request any information about the Company’s products or services
- request any other information from or about the Company, such as a newsletter, e-alert, or any other information about Our products, services, events or business partners;
- fill out any other information through the Company Website;
- communicate with any other representative of our Company; or
- request any customer support; or
- otherwise communicate with Us in any other way.
In these instances, the types of Personal Information that We may collect from You may include, from time to time, the following:
- Your name
- Your title and your company;
- Your address;
- Your e-mail address;
- Your phone (or mobile) number;
- Any other Information You provide when You communicate with the Company through the Company Website for any of the reasons noted above.
1.2 INFORMATION AUTOMATICALLY COLLECTED.
When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:
- Device Information. We (or our service providers) may collect information about the computer, tablet, phone or other device you use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers.
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If any of Our Company Programs offer any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Program. Your interactions with these features may be governed by the privacy policies of the company providing it (see Section 6 regarding third party sites).
1.3 EXCLUSIONS FROM PERSONAL INFORMATION
Personal Information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as: (i) 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; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
2. HOW WE USE YOUR INFORMATION.
2.1 PRIMARY WAYS WE USE YOUR INFORMATION. User’s Personal Information may be gathered, collected, recorded, held, or otherwise used by or on behalf of the Company (including by Our service providers) to provide, maintain, and improve our Services to You, including for the following purposes:
- Send You information and otherwise respond to Your comments, questions, and other requests;
- Communicate with You about products, services, and events offered by Us and others, and provide news and information We think will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- Monitor and analyze trends, usage, and activities in connection with Our goods or services;
- Personalize Your website experience when You use the Company Website based on Your preferences, interest in Our products and services and general browsing;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
- To carry out any other purpose described to You at the time the Personal Information is collected.
2.2 OTHER WAYS WE MAY USE YOUR INFORMATION. In addition to the above, Your Personal Information may be gathered, collected, recorded, held or otherwise used for the following purposes:
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals.
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
2.3 OTHER TERMS REGARDING THE USE OF YOUR INFORMATION.
2.3.1 We will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
3. SHARING OF INFORMATION
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Programs, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
- Host and Operators, as such terms are defined in the Terms and Conditions; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Third Party Application Providers. If a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
- Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Advertising / Marketing Partners. We may work with advertising or marketing companies (collectively, “Advertising Partners”) in order to provide You with advertisements, marketing or other information that We think may interest You. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Social Media Features. The Company Programs may, now or in the future, offer social media features, including certain sharing tools7657 or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- Company’s Outside Professionals. We may share or disclose Your Personal Information with any of the Company’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Consent. We may also share or disclose Your Personal Information with your permission.
4. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS REGARDING ADDITIONAL RIGHTS GIVEN TO CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
4.1 ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS
Each California Resident has the right to request that the Company disclose certain information to such California resident about the Company’s collection and use of such California Resident’s Personal Information over the past 12 months. Once the Company receives and confirms a California Resident’s verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to such California Resident (per Your request):
- The categories of Personal Information We collected about such California resident.
- The categories of sources for the Personal Information We collected about such California resident.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom We share that Personal Information.
- The specific pieces of Personal Information We collected about such California resident (also called a data portability request).
- If We sold or disclosed Personal Information for a business purpose; two separate lists disclosing:
- Sales (if any), 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.
4.2 DELETION REQUEST RIGHTS
Each California Resident has the right to request that We delete any of such California Resident’s Personal Information that the Company collected from such California Resident and retained, subject to certain exceptions. Once the Company receives and confirms a California Resident’s verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) such California Resident’s Personal Information from our records, unless an exception applies. However, the Company may deny such California Resident’s deletion request if retaining the information is necessary for the Company or its service provider(s) to:
- (a) Complete the transaction for which We collected the Personal Information, provide a good or service that such California Resident requested, take actions reasonably anticipated within the context of Our ongoing business relationship with such California Resident, or otherwise perform Our contract with such California Resident;
- (b) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- (c) Debug products to identify and repair errors that impair existing intended functionality;
- (d) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- (e) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- (f) 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 such California resident previously provided informed consent;
- (g) Enable solely internal uses that are reasonably aligned with consumer expectations based on such California Resident’s relationship with Us; or
- (h) Comply with a legal obligation; or
- (i) Make other internal or lawful uses of that information that are compatible with the context in which such California Resident provided it.
4.3 NOTIFICATION REGARDING “SALE” (IF ANY) OF PERSONAL INFORMATION UNDER THE CCPA
The CCPA defines “sale” as: “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.” In view of the definition of “sale” under the CCPA, We may, either now or in the future, exchange, share, and/or “sell” (as defined under the CCPA) certain Personal Information to certain third parties. CLICK HERE for the Company’s “DO NOT SELL MY PERSONAL INFORMATION” notice to California Residents about their right to stop any such “sales”, if any such “sales” exist.
4.4 EXERCISING A CALIFORNIA RESIDENT’S ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, deletion rights, and other rights described in this Section 4, a California Resident must submit a verifiable consumer request to the USA Company by emailing the Company at: email@example.com
Only a California Resident, or a person registered with the California Secretary of State that a California Resident authorizes to act on the California Resident’s behalf, may make a verifiable consumer request to the USA Company related to the California Resident’s Personal Information. A California Resident may also make a verifiable consumer request on behalf of such California Resident’s minor child who is a California Resident. A California Resident may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- (a) Provide sufficient information that allows the Company to reasonably verify that California resident are the person about whom We collected Personal Information or an authorized representative.
- (b) Describe California resident request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.
The Company cannot respond to a California Resident’s request or provide a California Resident with Personal Information if the Company cannot verify the California Resident’s identity or authority to make the request and confirm the Personal Information relates to such California Resident. Making a verifiable consumer request does not require a California Resident to create an account with us. The Company will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
4.5 RESPONSE TIMING AND FORMAT
If a California Resident sends a verifiable consumer request as set forth in Section 4.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If the Company requires more time (up to a total aggregate of 90 days), the Company will inform such California Resident of the reason and extension period in writing. If such California Resident has an account with Us, We will deliver our written response to that account. If such California Resident does not have an account with Us, We will deliver Our written response by mail or electronically. 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 the California Resident’s Personal Information that is readily useable and should allow such California Resident to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to a California Resident’s verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell such California Resident why We made that decision and provide such California Resident with a cost estimate before completing such California Resident’s request.
4.6 NON-DISCRIMINATION NOTICE
The Company will not discriminate against any California Resident for exercising any of such California Resident’s rights under the CCPA. Unless permitted by the CCPA, We will not:
- (a) Deny such California Resident any goods or services;
- (b) Charge such California Resident different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- (c) Provide such California Resident a different level or quality of goods or services; or
- (d) Suggest that such California resident may receive a different price or rate for goods or services or a different level or quality of goods or services.
4.7 SPECIAL NOTICE ABOUT EXCLUSION OF CERTAIN INFORMATION FROM GOVERNANCE OF THE CCPA
- ANY HEALTH OR MEDICAL INFORMATION COVERED BY OR OTHERWISE SUBJECT TO: (A) THE U.S. FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) AND ITS RELATED REGULATIONS; OR (B) THE CALIFORNIA CONFIDENTIALITY OF MEDICAL INFORMATION ACT (CMIA) AND ITS RELATED REGULATIONS); OR
- ANY INFORMATION COVERED BY CERTAIN OTHER INDUSTRY SECTOR-SPECIFIC PRIVACY LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT (FRCA), THE GRAMM-LEACH-BLILEY ACT (GLBA), THE CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT (FIPA), AND THE DRIVER’S PRIVACY PROTECTION ACT OF 1994.
5. OPT-OUT FROM RECEIVING INFORMATION FROM THE COMPANY.
6. LINKS TO, AND USE OF, THIRD PARTY SERVICES OR THIRD PARTY SITES
6.2 Links. When You click on links on our website, they may direct You away from our site. We are not responsible for the privacy practices of other sites and encourage You to read their privacy statements.
7. DO NOT TRACK: SPECIAL ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS.
8. AGE OF CONSENT.
8.1 COPPA Notice. This Company Website and other Company Programs are not directed to children under the age of 13. We adhere to the U.S. federal Children’s Online Privacy Protection Act (“COPPA“) and will not knowingly register or otherwise collect Personal Information from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Information to Us. If You have reason to believe a child under the age of 13 has provided Us with Personal Information, please contact the Company at firstname.lastname@example.org and request that such information be deleted from Our records.
8.2 User Age Confirmation By using the Company Website or any other Company Program, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given Us your consent to allow any of Your minor dependents to use Our Company Website or other Company Program.
9. COOKIES POLICY; HOW YOU CAN DISABLE COOKIES.
9.3 Disabling Cookies. You can prevent the setting of cookies by adjusting the settings on Your browser (see Your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that You visit. Disabling cookies will usually result in also disabling certain functionality and features of this Company Website or any other Company Programs. Therefore, it is recommended that You do not disable cookies.
9.4 The Cookies We May Set
- Email newsletters related cookies: This site may offer newsletters or email subscription services and cookies may be used to remember if You are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- Orders processing related cookies: This site offers e-commerce or payment facilities and some cookies are essential to ensure that Your order is remembered between pages so that We can process it properly.
- Forms related cookies: When You submit data through a form such as those found on contact pages, job application forms, or comment forms, cookies may be set to remember Your user details for future correspondence.
- Third party analytics are used to track and measure usage of this site so that We can continue to produce engaging content. These cookies may track things such as how long You spend on the site or pages You visit which helps us to understand how we can improve the site for You.
- From time to time, We test new features and make subtle changes to the way that the site is delivered. When We are still testing new features, these cookies may be used to ensure that You receive a consistent experience whilst on the site and helps Us to understand which optimizations Our users appreciate the most.
- As We sell our products or services, it’s important for Us to understand statistics about how many of the visitors to Our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to You as it means that We can accurately make business predictions that allow Us to monitor our advertising and product /service costs to ensure the best possible price.
- Several partners advertise on our behalf and affiliate tracking cookies simply allow Us to see if Our customers have come to the site through one of our partner sites so that We can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide You for making a purchase.
10. ADDITIONAL NOTICE TO NEVADA RESIDENTS UNDER NEVADA PRIVACY LAW.
UNDER NEVADA REVISED STATUTES CHAPTER 603A (THE “NEVADA PRIVACY ACT”), NEVADA RESIDENTS (AS DEFINED ABOVE) WHO HAVE PURCHASED GOODS OR SERVICES FROM US MAY NOTIFY US TO NOT SELL (AS CONTEMPLATED UNDER THE NEVADA PRIVACY ACT) SUCH PERSON’S COVERED PERSONAL INFORMATION AS CONTEMPLATED BY THE NEVADA PRIVACY ACT. COVERED PERSONAL INFORMATION INCLUDES FIRST AND LAST NAME, ADDRESS, EMAIL ADDRESS, PHONE NUMBER, OR AN IDENTIFIER THAT ALLOWS A SPECIFIC PERSON TO BE CONTACTED. IF YOU ARE A NEVADA RESIDENT, YOU MAY SUBMIT A REQUEST TO US TO NOT “SELL” YOUR COVERED PERSONAL INFORMATION BY SENDING AN EMAIL MESSAGE TO THE COMPANY AT email@example.com .
EACH USER CONFIRMS AND AGREES THAT BY THE USER’S ACT OF USING THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAMS, INCLUDING WITHOUT LIMITATION UPLOADING ANY OF THE USER’S PERSONAL INFORMATION OR ANY OTHER CONTENT VIA THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OR BY PARTICIPATING IN ANY TRIP (AS SUCH TERM IS DEFINED IN THE TERMS & CONDITIONS), THE USER :
13. CONTACT INFORMATION