SPECIFIC DATA RIGHTS PURSUANT TO THE CCPA; OTHER NOTICES UNDER THE CCPA
TYPES OF INFORMATION WE COLLECT
WAYS WE USE THE INFORMATION WE COLLECT
WAYS WE USE THE INFORMATION WE COLLECT
SHARING YOUR INFORMATION
YOUR RIGHT TO HAVE ACCESS TO YOUR PERSONAL INFORMATION, YOUR DATA PORTABILITY RIGHTS, AND YOUR DELETION REQUEST RIGHTS; AND HOW TO ACCESS THESE RIGHTS
NOTICE REGARDING SALE OF ANY PERSONAL INFORMATION TO A THIRD PARTY
NOTICE TO USERS ACCESSING THIS WEBSITE IN THE EUROPEAN UNION AND/OR THE UNITED KINGDOM:
IF YOU ARE ACCESSING THE WEBSITE IN THE EUROPEAN UNION AND/OR THE UNITED KINGDOM, THEN YOU WILL HAVE ADDITIONAL RIGHTS WHICH WE EXPLAIN IN THIS POLICY IN SECTION 8 HEREIN.
This Policy is divided into the following sections:
- Types of Information We Collect
- Ways We Collect Information
- Ways We Use the Information We Collect
- Sharing Your Information
- Children Under the Age of 18; COPPA NOTICE
- Cookies and Other Third-Party Tools
- Certain Additional Choices You May Have About Your Information
- Special Notices to Those Accessing Our Website From the European Union and/or the United Kingdom
- Onward Transfer of Information
- Security of Information
- User Responsible For Updating User’s Own Information; Maintaining Their Account
- Retention of Your Personal Information
- Intellectual Property
- Hypertext Links To, And Use Of, Any Third Party Sites
- Your California Privacy Rights Under the California Consumer Privacy Act (CCPA)
- Contact Us
1. TYPES OF INFORMATION WE COLLECT
1.1 Types of Information We Collect. During a User’s access or use of the Website, we may (either directly or by using our service providers) gather and/or collect, personal information or data about you which you may provide to us or which is automatically collected, as described in more details in this Section 1 and Section 2 of this Policy (hereinafter collectively referred to as your “information”). Your information may include, but is not limited to, the following:
- "Personal information": any information that specifically can be associated with, identified, or which relates to a person and/or could be used to identify a person, including without limitation the following information
- Your name; and/or
- Your address, email address, telephone number.
If you are using the Website in the European Union and/or, United Kingdom, it may also include additional data that could identify you or be indirectly linked to you (i.e. your location, the way you use the Website, certain aggregated data).
- Certain information we get from your usage of the Website, as described further in the next section.
- Preference information, such as your contact and marketing preferences, and merchandise interests;
- Profile and account information, which may include contact, purchase, and preference information as well as your account password, information about item(s) in your online shopping cart or saved for a future purchase(s), product review information, and other information about your profile or account;
- Demographic information, which may include age or birthdate, gender, ZIP code, and other information about you;
- Location information of your device that you use with our Website if your device settings allow us to collect location information; and
- Device and browsing information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. The automatically-collected information also may include information about when and how you access and use our Website, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website, how you navigate, and what you search for using our website and mobile application, the website pages and items you view using our website and mobile application, and the items you purchase.
- Publicly available information from government records or other publicly available sources.
- Any information that is encoded or anonymized or de-identified
- Information that, pursuant to CCPA, is excluded from CCPA’s authority or governance, including without limitation:
- 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
- Any other personal information covered by certain other sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (BLBA), the California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
2. WAYS WE COLLECT YOUR INFORMATION
We collect information that you provide us, from third parties, and/or is automatically collected when you use the Website. We also collect information from cookies and other third-party tools. We may also collect information about your location. The following describes in more detail the ways we collect your information: Information we get automatically from your use of the Website. Certain information is provided to us automatically from your use of the Website, including:
- Information about your browser type, language preference, referring site, and the time of each visit.
- Information about how you use the Website (e.g. how long you use the Website, when you use the Website).
- Information about your approximate location “Geo-Location Information”).
- Information about you such as your Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed (which may reference the name of a board, card, username, or team), and the unique identification number associated with the account.
- Additional information about your device, such as operating systems and versions, mobile network information and other unique device identifiers.
- Information collected from cookies and other web-based tracking technologies, which is explained further in
- If the Website now or in the future offers any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect your Internet Protocol address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features maybe governed by the privacy policies of the company providing it (see Section 15 regarding Third Party Websites).
Information you provide to us directly. We may collect the following personal information:
- Account information, such as your name, email address, postal address, telephone number, and date of birth, if you choose to sign up for or purchase our Website.
- Transactional and financial information, including payment information, credit card number, expiration date, authentication code, and similar information, if you choose to purchase any paid Website.
- Information you provide when you communicate with us, such as emailing us.
3. WAYS WE USE THE INFORMATION WE COLLECT
3.1 Primary Ways We User Your Information. The following are the primary ways we may use information about you:
- To allow you to register for our Website and to administer and process the registration;
- To process your purchase transactions, fulfill your orders, process exchanges and returns and send shipping notifications;
- To send support and administrative messages, and respond to your comments, questions, and customer service requests;
- To communicate with you about, send you information about, or to allow you to participate in or receive, any of the following ( collectively referred to as “Company Communications”):
(i) our products or services (including without limitation any of our new features);
(ii) to inform you about any of our events or programs;
(iii) to seek your feedback;
(iv) to provide you with other promotional or marketing information or data;
(v) to allow you to participate in any Company blogs, webinars or other online activities;
(vi) to receive any other Company newsletters; and/or
(v) otherwise provide you with any other news, information or data that we believe you may find of interest (“Company Communications”).
If you prefer to no longer receive any one or more of these Company Communications directly from our Company, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 7.1 herein;
- To evaluate the quality of our products and services, and to enhance your experience on our Website;
- To maintain and administer our Website and comply with our legal or internal obligations and policies;
- To transfer information to others as described in this policy or to satisfy our legal, regulatory, compliance, or auditing requirements, including to disclose information to law enforcement authorities upon validly served legal process or a valid judicial instruction (for example, pursuant to a court order);
- To charge you any fees and provide you with a receipt or resolve billing issues associated with your account;
- In the case of accounts created using business email domains, to provide your contact information to an administrator of the business email domain to facilitate the provision of additional products and/or services;
- To better understand how visitors use the Website and, where possible, to improve their experience.
- To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages;
- To allow you to enroll and participate in any discount, rebate, and other programs in which you elect to participate.
- To otherwise assist the Company in managing our business;
- To help us protect you against, or to identify, possible fraudulent transactions; or
- To carry out any other purpose described to You at the time the information is collected.
3.2 Other Ways We Use Your Information. In addition to the above, your information may be used for the following additional purposes:
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
- To use with, or otherwise share or disclose to, any government bodies or agencies or any other third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
3.3 Other Terms Regarding The Use Of Your information.
4. SHARING YOUR INFORMATION
We may distribute, share or disclose your information as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Email, internet or other telecommunication service providers, or our cloud, other data storage, or other hosting service providers;
- Our Third Party Online Payment Solutions (as defined below)
- Our Analytics Partners (as defined below);
- Our Advertising Partners (as defined below)
- Any other provider of a third party application or service, or any other third party contractor that we use for the Website or in our business
- Third Party Online Payment Solutions. Certain third party online solutions my obtain certain financial information (such as certain credit card information) when you purchase certain products from the Company (hereinafter “Third Party Online Payment Solutions”).
- Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools (such as but not limited to Google Analytics) to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources (collectively, “Analytics Partners”).
- Advertising/Marketing Partners. We may work with advertising or marketing companies (collectively, “Advertising Partners”) in order to provide You with advertisements, marketing or other information that We think may interest You. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Provide Aggregated Data to Others. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Social Media Features. The Company Programs may, now or in the future, offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- Company’s Outside Professionals. We may share or disclose Your Personal Information with any of the Company’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Company Licensors. As contemplated by Section 3.2, we may share your information with Company Licensors (as defined in said Section 3.2) in order to allow the Company Licensors to email you or otherwise communicate with you about their products, services, offers, and events (“Company Licensor Communications”). If you prefer that we stop sending any of your information to our Company Licensors, you will need to do the following: (i) notify the Company at firstname.lastname@example.org and (ii) at that time you will be instructed to close out all of your active user accounts with the Company. Within a reasonable time after you have fully completed both of these above described action items (the “Notification Effective Data”), the Company will notify its Company Licensors to inform them that they should stop sending any future Company Licensor Communications to you after such Notification Effective Date .
- Consent. We may also share or disclose Your Personal Information with your permission
5.1 The Website is not intended for children under 18 years of age. No one under the age of 18 may provide any personal information to or through the Website. We do not knowingly collect personal information from children under 18. If you are under 18, please do not use or provide any information to or through the Website. By using the Website and agreeing to this Policy, you represent and warrant that you are at least 18 years of age.
5.2 As contemplated by Section 5.1 0f this Policy we hereby adhere to the U.S. federal Children's Online Privacy Protection Act ("COPPA").
6. COOKIES AND OTHER THIRD-PARTY TOOLS
7. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
7.1 Opt-out From Receiving Company Information From The Company.
7.2. Geo-Location Data.
You may be able to prevent your device from sharing precise location information, including without limitation some or all of the Geo-Location Information described in Section 2 above, at any time through your device’s operating system settings
7.3. DO NOT TRACK: SPECIAL ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS
8. SPECIAL NOTICES TO THOSE ACCESSING OUR WEBSITE FROM THE EUROPEAN UNION AND/OR THE UNITED KINGDOM
8.1. Transferring Your Personal Data If You Are Outside the United States
If you are outside the United States, any personally identifiable information you enter into the Website will be transferred out of your country and into the United States, and possibly to other countries. By using the Website, you consent to such transfer and are representing that you have the right to transfer such information outside of your country. The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different than the laws and protections in your country. If you are accessing our Website from the European Union and/or the United Kingdom, we will comply with applicable data protection laws anytime that we transfer your personal information outside of the European Economic Area (EEA). Some of the ways we will do so are:
- Where the transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
- Using the EU Model Clauses, which are specific contracts approved by the European Commission giving personal data the same protection it has in Europe.
- Transferring data to US-based providers if they are part of the Privacy Shield, which requires similar protection to personal data shared between Europe and the US.
8.2 Our Legal Bases for Using Your Personal Information
If you are accessing our Website from the European Union and/or the United Kingdom, we must only process your personal information where we have a legal basis to do so. This means that one of the following must apply when we use your personal information:
- You have consented to the use of your personal information. You may withdraw your consent at any time.
- We need to use your personal information to perform under our contract with you (i.e. providing our Website to you or processing payment for products).
- It is in our legitimate interests to use your personal information, for example as follows: in connection with our Website; to ensure that our Website is secure; to tell you about changes to our Website; to improve our Website; to tell you about offers or promotions we are running; for business reasons (for example to develop our business or if we are thinking of selling our business); for operational purposes; to tell you about new services or products we are offering.
8.3. Your Rights and Choices Regarding the Use of Your Personal Information
We provide a number of choices about how you may control the use, collection and storage of your personal information, and want you to be aware of that you have all of the following rights regarding your personal information:
- To “opt-out” of promotional or marketing emails from us.
- To have access to any personal information we hold about you.
- To ask us not to use your personal information for direct-marketing purposes.
- To ask us to erase the personal information we hold about you.
- To restrict the way that we process your personal information.
- To have a copy of any personal information which we hold about you.
- To have your personal information provided to a third-party provider of services.
- To object to our processing of your personal information.
- To complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here.
You have the ability to correct, update, modify or delete your personal information by updating your information on the Website. Please note that some information may remain in our records even after you request deletion of your information. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual's access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or where doing so would violate others' rights. Please contact us using the details below with any questions or requests in regards to any of the above.
9. AMENDMENTS TO THIS POLICY
10. SECURITY OF INFORMATION
11. USER RESPONSIBLE FOR UPDATING USER’S OWN INFORMATION; MAINTAINING THEIR ACCOUNT.
11.1 Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described or otherwise contained in the Company Website or in any other Company Program
11.2 We also encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:
- Reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
- Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
- Using complex passwords, we recommend password phrases (a minimum of 7 alpha/numeric and cAsE sEnsitive characters);
- Not using the same password on more than one website;
- Not sharing your password with others;
- Password protecting your computer and mobile device; and
- Sign out/log off of website sessions so that your session is closed, especially when using a public computer.
11.3 To protect Avalon Apparel’s customers from fraudulent transactions on the Website, we reserve the subject all orders to review and verification. As part of the verification process, an order may be temporarily placed on hold in order to verify credit card billing information, which may include contacting the credit card holder.
12. RETENTION OF YOUR PERSONAL INFORMATION
We retain personal information as long as your account is active or as required to provide you with the Website or as otherwise necessary to carry out a use that is permitted in this Policy . If you decide to delete your account with us or otherwise opt-out from receiving information from us, we will generally delete your personal information, except in certain circumstances such as retaining certain personal information in anonymized or aggregated form about your use of the Website to analyze and improve the Website. We may also retain your personal information in order to protect our legal rights, or those of third party, or to comply with the law. You can find out further information by contacting us at email@example.com or by calling 855-594-4400
14. INTELLECTUAL PROPERTY
Avalon Apparel, its suppliers, licensors, or the original creators of all materials on the Website own all copyrightable subject matter on the Website and all trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of Avalon Apparel and/or such other parties. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes, and other proprietary rights of Avalon Apparel and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, meta-tagging, and using a robot, spider, or automated device of any kind to monitor or copy the Website is strictly prohibited.
Notwithstanding the foregoing, Avalon Apparel hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring AVLN Studio products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on the Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any other use of materials on the Website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or republication, without prior written permission of Avalon Apparel, is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices and/or, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
15. HYPERTEXT LINKS TO, AND USE OF, ANY THIRD PARTY SITES
15.1 In the event this website contains hypertext links to websites that are not created or maintained by Avalon Apparel (hereinafter, “Third Party Websites”) this Policy applies only to this Website and not to any of these Third party Websites. Avalon Apparel is not responsible for the accuracy, relevance, timeliness, or completeness of those Third Party Websites. The inclusion of any link to any such Third Party Websites does not imply endorsement, sponsorship, or recommendation by Avalon Apparel of the Third Party Websites. Avalon Apparel disclaims any liability for links (1) from another website to this Website, and (2) to another website from this Website. Avalon Apparel cannot guarantee the standards of any Third Party Website to which links are provided on this Website, nor shall Avalon Apparel be held responsible for the contents of those Third PartyWebsites, or any subsequent links. For this reason, Avalon Apparel does not represent or warrant that the contents of any Third Party Website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Avalon Apparel does not endorse the contents of these Third Party Websites in any way. Also, Avalon Apparel is not responsible for webcasting or any other form of transmission received from any linked Third Party Website. Any reliance on the contents of a Third-Party Website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
15.2 For clarity, and without limiting the foregoing in any way, each user hereby acknowledges and agrees to the following:
- IF A USER USES ANY THIRD PARTY WEBSITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY WEBSITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY WEBSITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY WEBSITES.
16.1 Access to Specific Information and Data Portability Right under the CCPA
Each User has the right to request that the Company disclose certain information to you about the Company’s collection and use of Your Personal Information over the past 12 months. Once the Company receives and confirms Your verifiable consumer request (see Section 16.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to You (per your request):
- 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 (if any), 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.
16.2 Deletion Request Right under the CCPA
Each User has the right to request that the Company delete any of Your Personal Information that the Company collected from You and retained, subject to certain exceptions. Once the Company receives and confirms your verifiable consumer request (see Section 16.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) your information from our records, unless an exception applies. However, the Company may deny your deletion request if retaining the information is necessary for the Company or its 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, 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; or
- Comply with a legal obligation; or
- Make other internal or lawful uses of that information that are compatible with the context in which you provided it.
16.4 Exercising Your Access, Data Portability and Deletion Rights
To exercise the access, data portability, deletion rights, and other rights described in this Section 16, the User must submit a verifiable consumer request to the Company by either:
ATTN: Legal Department 2520 W. 6TH ST
Los Angeles, CA 90057
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 to the Company related to your 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 the Company to reasonably verify that you are the person about whom we collected information or an authorized representative.
- Describe your request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.
16.5 Response Timing and Format
If you send a verifiable consumer request from You as set forth in Section 16.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to a total aggregate of 90 days), the Company 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. 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 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.
16.6 Non-Discrimination Notice
The Company will not discriminate against you for exercising any of Your rights under the CCPA. 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; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
16.8 Special Notice about Exclusions of Certain Information From Scope and Application of the CCPA.
CERTAIN INFORMATION IS EXCLUDED FROM THE SCOPE AND APPLICATION OF THE CCPA, INCLUDING WITHOUT LIMITATION THE FOLLOWING TYPES OF INFORMATION:
- 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 (HEREINAFTER COLLECTIVELY REFERRED TO AS “HEALTH OR MEDICAL INFORMATION”).; or
- PERSONAL INFORMATION COVERED BY CERTAIN SECTOR-SPECIFIC PRIVACY LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT (FRCA), THE GRAMM-LEACH-BLILEY ACT (GLBA) OR CALIFORNIA FINANCIAL INFORMATION PRIVACY ACT (FIPA), AND THE DRIVER'S PRIVACY PROTECTION ACT OF 1994.
17. CONTACT US
Or by mail to:
ATTN: Legal Department 2520 W. 6TH ST
Los Angeles, CA 90057
Or by telephone: 855-594-4400