CA Privacy Notice

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Posted:  December 20, 2019

CCPA Effective Date:  January 1, 2020

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Trusted Media Brands, Inc. and its U.S. subsidiaries and/or affiliates under its control (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We provide this notice under: (1) effective as of the CCPA Effective Date, the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., as amended or supplemented from time to time (“CCPA”), and (2) California’s “Shine the Light” law, Cal. Civ. Code § 1798.83. Any terms defined in the CCPA have the same meaning when used in this notice.

As of the CCPA Effective Date the California regulations implementing the CCPA had not been promulgated. Accordingly, the details on how we are to provide notice to consumers, and verify and respond to them upon receiving a consumer request, is not yet clear. This notice and our initial CCPA compliance program reflect our good faith effort to interpret the law and are subject to revisions as regulatory guidance and industry consensus develops.

1. Our Personal Information Practices

The following is a description of our personal information practices for the 12-month period prior to the CCPA Effective Date, which will be updated at least annually.  See our applicable privacy policies and notices at the point of collection for more current information on our practices.

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 consumer or household (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve 12 months from the sources and for the uses as described below:

Personal information does not include:

• Publicly available information from government records.
• De-identified 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) or clinical trial data;
  • 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 obtain the categories of personal information listed above from the following categories of sources:

• Directly from our customers. For example, from documents that our customers provide to us and through information we collect from our customers in the course of providing services to them.
• Directly and indirectly from activity on our websites. For example, from submissions through our websites or website usage details collected automatically.
• From third parties that provide information to companies like us about our customers and prospective customers, such as list rental and data marketing companies.
• Of our own creation.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information to order products or services, we will use that information to fulfill the order.
• To provide you with email and other notices concerning our products or services, or products or services of third parties, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any transactions and the relationship between you and us, including for billing and collection.
• To improve our websites and present advertising and content to you.
• For testing, research, analysis and product development.
• 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 our Privacy Policy or the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, 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 is among the assets transferred.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose as set forth in the CCPA, including as follows (parenthetical references are to subsections of CCPA § 1798.140(d)):

Auditing (1)                                                                                Categories A, B, E, F & G

Short-term, transient use (4)                                                Categories A, B, E, F & G

Performing services (5)                                                          Categories A – G

Research for technological development (6)                  Categories A, B, E, F & G

To verify or maintain quality or safety (7)                          Categories A, B, E, F & G

When we disclose personal information for a business purpose, we enter into a contract for that purpose requiring the recipient to keep that personal information confidential and only use it as necessary to perform the business purpose, or as otherwise permitted by applicable law.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:                Identifiers
Category B:                Personal Records
Category C:                Protected classification characteristics under California or federal law

Category D:                Commercial Information

Category E:                Internet or other similar network activity

Category F:                Geolocation data

Category G:               Inferences drawn from above personal information

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• 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.

We may sell personal information we collect about you to third parties. In the preceding twelve (12) months, we have sold the following categories of personal information.

Category A:                Identifiers
Category B:                Personal Records
Category C:                Protected classification characteristics under California or federal law

Category D:                Commercial Information

Category E:                Internet or other similar network activity

Category F:                Geolocation data

Category G:               Inferences drawn from above personal information

There is not currently a consensus as to whether or not collection of your data and disclosure of it to third parties by cookies and other tracking technologies should be deemed a sell of your personal information by us under the CCPA.  However, we use one or more types of technology to signal to cookie operators when a device you use has registered a do not sell request with us, and we may offer you other ways to control cookies associated with our services.  We are not responsible for the effectiveness of these tools or the manner in which third parties treat your choices or our signals.  For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, see our Privacy Policy.

We do not knowingly sell without affirmative authorization the personal information of persons who we are aware are minors under 16 years of age.

1. Your Rights and Choices

The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights from and after the CCPA Effective Date.

Do Not Sell

You have the right to opt out of the sale of your personal information. Once we receive and confirm your verifiable consumer request, we will refrain from selling personal information we collected about you; provided, however with respect to cookies your do not sell request to us will result in our use of one or more types of technology to signal to cookie operators when a device you used at the time of opt-out has registered a do not sell request with us, and we may offer you other ways to control cookies associated with our services.  We are not responsible for the effectiveness of these tools or the manner in which third parties treat your choices or our signals.  For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, see our Privacy Policy.

Access to Specific Information

You have the right to request that we disclose 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, we will disclose to you as you requested:

• 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 (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, 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 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 (Cal. Penal Code § 1546 seq.).
• 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.

Exercising Do Not Sell, Access and Deletion Rights

To exercise the do not sell, access and deletion rights described above from and after the CCPA Effective Date, please submit a verifiable consumer request to us as follows:

Do Not Sell

• Visit trustedmediabrands.com/ccpa-form-ca-residents/ and complete the online form
• Write to us at Trusted Media Brands Legal Dept, 44 S. Broadway, 7^th Floor, White Plains, NY 10601, Attn: CCPA Do Not Sell

Access Requests

• Visit trustedmediabrands.com/ccpa-form-ca-residents/ and complete the online form
• Call us at 1-888-337-0907
• Write to us at Trusted Media Brands Legal Dept, 44 S. Broadway, 7^th Floor, White Plains, NY 10601, Attn: CCPA Access Requests

Deletion Requests

• Visit trustedmediabrands.com/ccpa-form-ca-residents/ and complete the online form
• Write to us at Trusted Media Brands Legal Dept, 44 S. Broadway, 7^th Floor, White Plains, NY 10601, Attn: CCPA Deletion Requests

Follow the instructions that you will be provided to help us verify you and respond to your requests.

Only you or an authorized agent verified 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 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. We may require an authorized representative both to verify their identity and submit proof they have been authorized by the consumer to act on the consumer’s behalf.
• 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 endeavor 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.  If you have an account with us, we will deliver our written response to that account, or by mail or electronically.  If you do not have an account with us, we will deliver our written response by mail or electronically.  Any disclosures we provide need  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 provide your personal information in a standard CSV file.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or  unfounded, in which case we may limit the response and/or condition it on payment of our costs.  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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to this 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, we will update the date of this notice below. Please bookmark this page and check it periodically. We will post any changes online.

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 contact us through the means set forth above for Do Not Sell requests under “Exercising Do Not Sell, Access and Deletion Rights”.

• “Shine the Light” Law

California’s “Shine the Light” law, Cal. Civ. Code § 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, you may do so by submitting a Do Not Sell request through the means set forth above under “Exercising Do Not Sell, Access and Deletion Rights” or as set forth in our Privacy Policy under “Notice of Your Choices about Our Use and Sharing of Personally Identifiable Information”. To find out more about your opt-out rights and how we comply with this law, please contact us as set forth in that section above for Do Not Sell requests or as set forth in the section of our Privacy Policy referenced above.

Any California residents under the age of eighteen (18) who have registered to use our service, and who posted content or information on our service, can request removal by contacting us as described above.  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.