California Privacy Rights
/ CALIFORNIA PRIVACY RIGHTS
This section provides specific information for California consumers, as required under California privacy laws, including the California Consumer Privacy Act as amended, and its implementing regulations (“CCPA”). The CCPA requires that we provide certain information to California consumers about how we handle their PI, and their rights in that regard. Under the CCPA, “PI” is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, device or household, including the categories identified in the chart below to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device or household, subject to certain exceptions (e.g., publicly available information is not PI).
Consistent with the CCPA, this notice, and the rights described, do not apply in calendar year 2020 to job applicants, current or former employees, contractors, or persons interacting with us in their capacity as a representative of a business.
This notice reflects our good faith understanding of the law and our data practices as of the Effective Date, but as of that date, the CCPA’s implementing regulations are not yet final and there remain differing interpretations of the law. Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.
Categories of PI of California Consumers that We Collect, Disclose, and Sell
|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.||No|
|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.||No|
|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.||Yes|
|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.||Yes|
|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.||Yes|
We have disclosed the following categories PI of California consumers for a business purpose, consistent with the collection purposes set forth in the chart above, within the 12 months preceding the Effective Date:
- Personal records
- Commercial information
- Internet or other electronic network activity information
- Geolocation data
- Audio, electronic, visual, thermal, olfactory of similar information
- Inferences drawn from PI to create a profile about a consumer
The applicable sources, and purposes of the PI collected by us, and the categories of third parties to which we have disclosed it for business purposes, are set forth in the chart above. We do not believe that we have sold PI, except as discussed in the next section. We acknowledge that the data collection by some third party Cookies associated with our Services may be considered by some to be a “sale” under the broad language of the CCPA
Rights that California consumers have under the CCPA. California law grants consumers certain rights and imposes certain restrictions on particular business practices as set forth below.
Do Not Sell Right If you are a California consumer, you have the right to opt-out of the sale of your PI. The CCPA, however, defines “sale” in an unusual way, and with no guidance from the State of California as of the Effective Date as to how broadly the term should be interpreted, a number of differing reasonable interpretations are possible.
We do not believe that sharing your information with certain third parties as part of our normal business operations constitutes a sale within the meaning of what most people would consider a sale to be. Even under a broad understanding of “sale,” we do not typically sell your PI, but from time to time, we may decide to share your information with certain trusted third parties so that they can contact you with offers that you might enjoy. Because of this possibility, we are also providing you a way to opt-out of the sharing of your information that might occur under such circumstances. To exercise your right, visit our Privacy Rights Requests Center and fill out the appropriate form.
We do not knowingly sell the PI of children under the age of 18 without the authorization required by the CCPA.
Requests for Deletion and Right to Know. If you are a California consumer, you have the right to make the following requests, typically at no charge, up to twice every 12 months:
- Deletion: the right to request deletion of your PI that we have collected about you, subject to certain exemptions, such as where the information is used to complete the transaction for which the PI was collected, provide a good or service that you have requested, perform a contract between you and us, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, prosecute people responsible for malicious, deceptive, fraudulent or illegal activities, debug to identify and repair errors that impair existing intended functionality, comply with a legal obligation, enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us, or otherwise use your information internally, in a lawful manner that is compatible with the context in which you provided the information.
- Right to Know (categories or specific information): the right to know what categories of PI we have collected about you in the preceding 12 months, including with regard to each of the categories of PI collected, the categories of sources from which the PI was collected, the business and/or commercial purpose(s) for the collection, disclosure and/or sale of your PI, and the categories of third parties with whom we have sold or disclosed for business purposes your PI. You also have the right to know what specific pieces of PI we have collected about you in the preceding 12 months and the right to request a copy of that information.
Submitting Requests and What You can Expect. You (or your authorized agent) can submit a deletion, or right to know, or Do Not Sell request online by visiting our Privacy Rights Requests Center and filling out the appropriate form. There you will find details on what is required to be verified and to make the request. You (or your authorized agent) can also submit your request by calling 844-674-2442, our CCPA dedicated toll-free line. If you are visiting one of our Stores, you will see a notice that also directs you to the Privacy Rights Requests Center and the CCPA dedicated toll-free line to make your request. If you are disabled and need reasonable accommodations, please let us know. Subject to us being able to verify you (and, if applicable your agent and his or her authority), so that we do not delete the wrong person’s information, or give access to PI to the wrong person or otherwise act upon the wrong person’s instructions, we will respond to your request in a secure manner through the protocols set up by our vendor OneTrust in our Privacy Rights Requests Center. We will notify you that we have received your deletion or right to know request within 10 days of receipt of your request. We will honor Do Not Sell requests, as more fully explained above, within 15 days after we receive such a request. For right to know and deletion requests, we will endeavor to respond within 45 days after receiving the request, but if we believe that in order to thoroughly and accurately respond to your request we need more time, we will notify you that we need an additional 45 days to process your request.
Incentives and “Non-Discrimination.” The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on financial incentives, including loyalty programs, offered to California consumers related to their PI. Accordingly, we will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable PI provided to us.
Shine the Light
We do not typically share PI about you with third parties for their direct marketing purposes, except where we offer you the ability to consent (either on an opt-in or opt-out basis), but we sometimes may. Where permitted by applicable law, if we elect to share your personal information (as defined by California’s “Shine The Light” law, California Civil Code Section 1798.83) with third parties for their direct marketing purposes without giving you the ability to consent to such sharing, the law allows you to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of PI to third parties for their direct marketing purposes without your opportunity to consent. If this applies, you may obtain the categories of PI shared and the names and addresses of all third parties that received PI for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2020 will receive information about 2019 sharing activities). You may make one request per calendar year. To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by sending us an e-mail at email@example.com, Any such request must include “Shine the Light Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code, and confirmation that you are a California resident. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address. Please allow up to 30 days for a response.
CA Minors Any California residents under the age of eighteen (18) who have registered to create an account to use the Services, and who post content on the Service, can request removal by contacting us as set forth in the Contact Us section, detailing where the content or information is posted and attesting that they posted it. We will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that we do not control.