Sample California Privacy Notice
California Privacy Notice
Effective Date: January 1, 2020
This California Privacy Notice supplements the information contained in our general Privacy Policy and applies solely to those visitors and users that are residents of the State of California (“consumer” or “you”). [BLANK] (“we”, “us”, “our”) adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended, and other California Privacy laws. Any terms defined by the CCPA have the same meaning when used in this notice.
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 commercial business (“personal information”). Personal information does not include publicly available information, deidentified information, aggregate information, or any information protected by other privacy laws and otherwise excluded from the scope of the CCPA.
This table identifies the categories of personal information we have collected about consumers within the last 12 months:
|
|
Category |
Examples |
Collected |
|
A. |
Identifiers |
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 |
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. Note: |
YES |
|
C. |
Protected classification characteristics under |
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) |
Yes |
|
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 |
Physiological, biological, or behavioral characteristics, including deoxyribonucleic acid (DNA), which can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. |
No |
|
F. |
Internet or other electronic network activity information |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement |
Yes |
|
G. |
Geolocation data |
Physical location or movements |
Yes |
|
H. |
Audio, electronic, visual, thermal, olfactory, or similar information |
Electronic recording of customer or prospective customer calls. |
Yes |
|
I. |
Professional or employment-related information |
Current and prior job and salary history or performance evaluations. |
No |
|
J. |
Education information that |
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 any other category of personal information |
Deriving information, data, assumptions, or conclusions from facts, evidence, or another source of information or data to create a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Yes |
Personal information does not include:
- Publicly available information, which for purposes of the CCPA:
- means information that is lawfully made available from federal, state or local government records.
- does not mean biometric information collected by a business about a consumer without the consumer’s knowledge.
- does not include data used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained.
- does not include consumer information that is de-identified or aggregate consumer information.
- Information excluded from the CCPA’s scope, like:
- Medical information governed by the California Confidentiality of Medical Information Act (CMIA); protected health information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); and information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects.
- Personal information covered by certain sector-specific privacy laws, including the federal Fair Credit Reporting Act (FCRA), the federal Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).
How we Collect Personal Information
We obtain the personal information listed above from the following sources:
- Directly from you. For example, from forms you complete on our Website.
- Indirectly from you. For example, from observing your actions on our Website via automatic data collection technologies.
- From third parties. For example, from our affiliates and other third parties that send us leads.
How We Use Your Information
We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:
- To fulfill or meet the reason you provided the information;
- To provide, support, personalize, and develop our Website, products, and services;
- To create, maintain, customize, and secure your account with us, when applicable;
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);
- To help maintain the safety, security, and integrity of our Website, products and services, databases and 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
Sharing Personal Information
We may disclose your personal information for a business purpose to third parties, such as our subsidiaries and affiliates, as well as non-affiliated third-parties with whom we partner to offer products and services to you.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose to the third parties identified above:
- Category A: Identifiers
- Category B: Personal information described in the California Customer Records statute (Cal. Civil Code §1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
- Category G: Geolocation data
- Category H: Audio, electronic, visual, thermal, olfactory, or similar information
- Category K: Inferences drawn from any other category of personal information
Sale of Personal Information
We may disclose certain information about you to advertising partners, affiliates, and other third parties for purposes that may be considered a “sale” under the CCPA. In the preceding 12 months, we have sold the following categories of personal information to third parties:
- Category A: Identifiers
- Category B: Personal information described in the California Customer Records statute (Cal. Civil Code §1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
- Category G: Geolocation data
- Category H: Audio, electronic, visual, thermal, olfactory, or similar information
- Category K: Inferences drawn from any other category of personal information
Your California Privacy Rights and Choices
If you are a California resident, the CCPA provides you with additional rights regarding our use of your personal information. This section describes your CCPA rights and explains how to exercise those rights.
(1) Right to Access Your Information
You have the right to request that we disclose certain information to you about our collection and use of your personal information during the 12-month period preceding your request. Once we receive and verify your request, we will disclose to you the information that you request and we are obligated to provide under the CCPA, which may include:
- The categories of personal information we have collected about you;
- The categories of sources from which we collected your personal information;
- Our business or commercial purpose for collecting or selling your personal information;
- The categories of personal information we have disclosed for a business purpose or sold about you;
- The categories of third parties with whom we share or sell your personal information; and
- The specific pieces of personal information we have collected about you.
(2) Right to Request Deletion
You have the right to request that we delete some or all of the personal information that we have collected from you, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to whom we have furnished that information to also delete) your personal information from our (and their) records. With respect to the exceptions, we may deny your deletion request in whole or in part if retaining your personal information is necessary for us or our service providers 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, 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 your expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
(3) Right to Opt-Out
You have the right to direct us not to use your personal information to third parties. Any personal information about you that we use to a third party cannot be used by that third party unless you have received explicit notice and are provided with an opportunity to opt-out of the use of your personal information.
You (or your authorized representative) may submit your request to opt-out by using the form available on this page.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, deletion and opt-out rights described above, please submit a verifiable consumer request to us by either:
- Using the form available on this page
- Emailing us [BLANK]
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
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. This includes your or the consumer’s:
- Name
- Address
- Current Mailing Address
- Alternate Phone
- Alternate Mailing Address
- Other personal information about you maintained by us.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Generally, we will not request additional information from you for purposes of verification. If, however, we cannot verify you identity from the information already maintained by us, we may request additional information from you, which shall only be used for the purposes of verifying you identity and seeking to exercise you rights under the CCPA, and for security or fraud-prevention purposes. We will delete any new personal information collected for the purposes of verification as soon as practical after processing your request, except as required to comply with the CCPA.
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 may require authentication that is reasonable in light of the nature of the personal information requested and will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Please note that we may continue to use your personal information with our affiliates and service providers for essential purposes described above and other such circumstances allowed under the CCPA. Opting out of the use of personal information link does not mean that you will stop seeing ads, including some interest-based ads. To learn more about interest-based advertising across sites and additional opt-out choices, please see our general Privacy Polisy [INSERT DEEP LINK HERE]
Use of an Authorized Agent
If you use an authorized agent to submit a request to know or a request to delete, we may require that you provide the authorized agent written permission and require the authorized agent to verify its own identity with us.
A power of attorney to your authorized agent is an acceptable form of authorization.
We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
How we Verify your Request
When you submit a request to delete, or a request to know, we verify your request by taking the following steps:
- We may match the information you provided in your request with the personal information of the consumer already maintained by us; or
- We may use a third-party identity verification service that complies with the CCPA;
When verifying a request, we consider the following factors:
- The type, sensitivity, and value of the personal information collected and maintained about you;
- The risk of harm to you posed by any unauthorized access or deletion;
- The likelihood that fraudulent or malicious actors would seek the personal information;
- Whether the personal information to be provided by you to verify your identity is sufficiently robust to protect against fraudulent requests or being spoofed or fabricated;
- The manner in which we interact with you; and
- The technology available for verification.
When you request to know categories of personal information, we verify your identity to a reasonable degree of certainty.
When you request to delete, we verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the personal information and the risk of harm to you posed by unauthorized deletion.
In all cases, we verify by matching the identifying information provided with the request to the personal information of the consumer already maintained by us.
Response Timing and Format
Upon receiving a request to know or a request to delete, we will confirm receipt of the request within 15 days and provide information about how we will process the request.
We strive to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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 the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For these 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.
(4) Right to Non-Discrimination
We will not discriminate against you for exercising any of your rights under the CCPA. For example, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please know that we may charge you a different price or rate or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to you by your personal information.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice (which will be updated at least once every 12 months), we will notify you through a notice on this page: [INSERT DEEP LINK HERE]
Contact Information
If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Email: [INSERT EMAIL HERE]
Postal Address:[INSERT ADDRESS HERE]
