THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) AND YOUR RIGHTS
On June 28, 2018, California signed into law the California Consumer Privacy Act (CCPA) of 2018, which grants California residents new rights regarding the collection and disclosure of information about them. Effective January 1, 2020, companies will be required to provide California residents with access to the categories of personal information collected about them, the specific pieces of personal information collected about them and categories of sources, and the types of third parties with whom the personal information was shared. CCPA also grants CA residents a right to delete their information and a right to opt out of future data sales and sharing.
California residents are able to request access to a summary of any marketing data we have in our databases about you as an individual.
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of LeadSwell, Inc and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” “residents” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months: We may not collect, process or ‘sell’ all data described in the following categories;
- A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute
Online targeting, for example:
- Creating or helping to create defined audience segments based on common demographics and/or shared (actual or inferred) interests or preferences (e.g., technology professionals). When we do this, we work with a data partner that “matches” our or other information through de-identification techniques (such as through coded data “hashing”) with online cookies and other identifiers, in order to target and measure campaigns online across various display, mobile and other media channels.
Additional marketing services, for example (which may overlap with “data marketing services” above):
- Assisting in targeting and optimizing email campaigns, display, mobile and social media marketing, including by providing customer insights.
- Measuring the effectiveness of online or offline campaigns by determining which messages are most likely to be seen or opened by which types of consumers, or which types of ads are most likely to lead to purchases.
- Analyzing and optimizing our clients’ (or their service providers’) proprietary databases, to assist in our client’s marketing campaigns to reach new customers.
Operating our Services, for example:
- For internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance.
We use the information collected:
- from our own website, from social networks, from other “business to business” interaction (such as at trade shows) or from data compilers for the above, as well as for our own improving, testing, updating and verifying our own database.
- developing new products.
- operating, analyzing, improving, and securing our Services.
Other marketing purposes.
Sharing Personal Information
We may disclose your personal information to a third party for business purpose. When we disclose personal information for a business 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.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or Federal law.
Category D: Internet or other similar network activity
Category E: Professional or Employment- related Information
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates and clients
- 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.
- As noted above, we also “sell” information related to employment, such as name, job title, email address,
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 Specific Information and Data Portability Rights
If you are a California resident, 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 (which will require us to obtain certain information from you for purposes of verification), 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 also have the right as a California resident 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. (Note that most of the information in our files is not obtained directly from consumers, so this deletion right may not apply.)
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 ).
- 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 Access, Data Portability, Do Not Sell My Personal Information and Deletion Rights
To exercise the access, data portability, do not sell and/or deletion rights described above, please submit a verifiable consumer request to us by either:
- Emailing your request to: sales at LeadSwell dot com
- Mailing your request to LeadSwell, 18 Bartol Street #1224, San Francisco, CA 94133
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.
The verifiable consumer request must:
- Provide sufficient information that allows us to contact you and reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may reach out to you to obtain additional information so we can effectively verify you and fulfill your request.
- 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.
We will confirm receipt of request within 10 days and 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. If you do not have an account with us, 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 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 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.
Exercising your right to opt-out of the sale of your personal information.
California residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” – including in the definition making available a wide variety of information in exchange for “valuable consideration.”
Depending what information we have about you, and whether we have included any of it in our marketing products and services, we may have sold (as defined by California law) certain categories of information about you in the last 12 months, as described in this Addendum.
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 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, we will notify you through a notice on our website homepage.
April 2023 – LeadSwell, Inc