California CCPA and CPRA Notice
CALIFORNIA CCPA AND CPRA NOTICE
Effective Date: January 1, 2023
Information We Collect.
As set forth in our primary policy, 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”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- 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.
We have collected the following categories of personal information within the last 12 months, as defined in the CCPA:
- Identifiers. First and Last Name, postal address, unique personal identifier, online identifier, internet protocol address, and email address.
- Personal Information. First and Last Name, address, telephone number, and credit card or debit card, when purchases are made.
- Commercial Information. Records of products or services purchased, obtained, or considered and history, or tendencies toward products and services, or response to advertising.
- Internet or Other Similar Network Activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Geolocation Data. Through collection of your IP, we collect your general location, upon requesting services or product, we collect your physical address.
- Inferences Drawn from Other Personal Information. From information we collect as set forth herein and information provided by third-parties, we are able to profile a general understanding of your preferences, characteristics, and personal preferences to determine what ads or products or services you may be interested in receiving.
- Highly Sensitive Information. Certain of the categories listed above represent “Highly Sensitive Information” as this term is defined in the CPRA. We do not collect, use, share, or store Highly Sensitive Information except for purposes of performing our services, providing our products, or for purposes as requested by you. We may collect Highly Sensitive Information such as credit card or financial information for purposes of a transaction involving our products or services. We do not share Highly Sensitive Information with third-parties unless they are necessary to assist us in performing the services or provide the products or otherwise as requested by you. We do not sell Highly Sensitive Information to any third-parties.
Retention Periods for Personal Information and Highly Sensitive Information.
Pursuant to the requirements of the CPRA, we retain personal information and Highly Sensitive Information only as long as it is reasonably necessary to do so in accordance with the provisions of the CPRA and our internal policies. You may request deletion of such information in accordance with the provisions of this Notice in the manner set forth below. We are required by certain applicable laws to retain certain information including your personal information and Highly Sensitive Information in accordance with applicable laws requiring us to maintain such information or for a legitimate business purpose to maintain such information including but not limited to prevent fraud or to enforce our policies.
Use of Personal Information.
We may use, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information.
- To process your requests, purchases, transactions, payments, and prevent fraud.
- Customer support and to respond to inquiries, including to investigate and address concerns, and monitor and improve our responses.
- To personalize your Website or advertising experience and to deliver content, product, and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email. We also use this information for targeted advertising through Google.
- To help maintain the safety, security, and integrity of our Website, products, services, databases, other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- 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.
- To evaluate or conduct a merger 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 about our customers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information.
We may disclose your personal information to a service provider, as set out in our primary policy. When we disclose personal information for this 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 performing the contract.
Otherwise, we share and or sell, as the terms are defined in the CCPA and CPRA, your personal information with the following categories of third-parties: service providers, third-party vendors, clients, and our affiliated companies.
Your 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.
Access to and Correction of Specific Information and Data Portability Rights.
You have the right to request that we disclose and/or correct certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights 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.
- The categories of third-parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- 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.
Deletion Request Rights.
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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception 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.
- 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.
- 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.
Right to Opt-Out of the Sale of Personal Information.
You have the right to opt-out of any sale of your Personal Information by us. If you are requesting a product or service, this is an exemption from this right, and we will process your request. However, you have the right to cease all further sale of your Personal Information. You may email us or use our web portal and fully fill out the request form.
Opt-Out Preference Signal (Global Privacy Control).
You may use an Opt-Out Preference Signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale/sharing of your personal information. However, this technology and our use of it is not fully developed by the market. Our database containing your information may not be linked to your browser identification and because your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account or database information as the connection between your browser and our database is not known to us, we may not be able to fulfill this request.
If you would like us to make the connection between your browser and your account within our database, please email us or submit the requested form through our website portal below.
Exercising Access, Data Portability, and Deletion Rights.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Submit your request using our online form here: https://www.netdatacompliance.com/
- Call 833-463-8328
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. The appointment must be in writing and presented by your agent. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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, which may include:
- You will be required to provide your full name, email address, and zip code.
- 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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format.
We will respond to your request to stop sharing or selling your Personal Information within 10 days of the request and endeavor to respond to all other verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by email unless you request, we mail the same to you and provide a current mailing address.
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 your personal information that is readily usable 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.
We retain Personal Information as long as is necessary to fulfill the purpose for which it was collected, as required by an applicable law, rule, regulation, or contractual provision. We will retain your Personal Information for the purposes of commercial marketing to you until you request, we cease further efforts to provide you such offers or in the event you request deletion of your Personal Information. To determine the appropriate duration of the retention of Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Personal Information, and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations. As such, we retain Personal Information for as long as you continue to use our Websites and/or services for the purposes explained in our Privacy Notice. When you discontinue the use of our Websites or services, we will retain your Personal Information for as long as necessary to comply with our legal obligations, to resolve disputes and defend claims, as well as, for any additional purpose based on the choices you have made, such as to receive marketing communications. In particular, we will retain Personal Information provided, including complaints, claims, and any other Personal Information provided during the duration of your agreement with us for the services until the statutory limitation periods have expired and the necessary for the establishment, exercise, or defense of legal claims.
Once retention of the Personal Information is no longer necessary for the purposes outlined above, we will either delete or de-identify the Personal Information or, if this is not possible (for example, because Personal Information has been stored in backup archives), then we will securely store the Personal Information and isolate it from further processing until deletion or de-identification is possible.
We will not discriminate against you for exercising any of your CCPA rights.
Changes to Our Privacy Notice.
We reserve the right to amend this privacy notice at our discretion and at any time. The only notice to you will be our posting of the updated notice on the Website and update the notice’s effective date.