The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”) provides consumers who are residents of California (“you” or “your”) with specific rights regarding their personal information. This Notice explains your rights regarding your personal information under the CCPA and how you can exercise those rights. This Notice describes our practices relating to the Policy regarding the collection, use, disclosure, sale, sharing, and retention of your personal information. We do not knowingly collect, sell, share, or
disclose the personal information of any person under the age of 18. If you are under the age of 18, you are not authorized to use our Service.
Terms used but not defined herein have the meanings assigned to them in the Policy. This Notice incorporates and is subject to any additional restrictions or terms contained in the Policy, provided that if you are a California resident and there is any conflict between the provisions of the Policy and this Notice, the provisions of this Notice will control.
In this Notice, personal information and sensitive personal information have the meanings described below, excluding certain information subject to other laws.
Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Specific categories of personal information are detailed further below.
Sensitive personal information is a subset of personal information about a California consumer, as detailed further below. However, if a business collects this type of information and uses or discloses it to provide goods and services you requested or for certain business purposes described in the CCPA, this information is considered personal information, not sensitive personal information.
Under the CCPA personal information does not include:
- Publicly available information, such as information from government records, information we reasonably believe you made available to the general public, or unrestricted information you have disclosed or made available;
- De-identified or aggregated consumer information we maintain in de-identified form and do not attempt to re identify except as required or permitted by law;
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and
- 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.
YOUR RIGHTS UNDER THE CCPAWe collect personal information from various types of California consumers, including visitors to our website, clients or prospective clients who may use our Service, job applicants and employees, and existing or prospective vendors and customers and their representatives. The type of personal information we may collect, the sources of that personal information, our purposes for collecting, using, and disclosing that personal information, and other factors vary depending on the type of consumer you are. Unless specifically stated otherwise, or unless inapplicable to you by law or the relevant context, the information provided herein applies to all California consumers.
As a California consumer, you have the following rights under the CCPA:
(i) The right to know the categories of personal information collected, sold, shared or disclosed; the sources of such collection; the business or commercial purposes for collecting, selling, or sharing personal information; the categories of third parties to whom personal information is sold, shared or disclosed; the length of time personal
information is retained; and the specific personal information collected about you. You may only exercise your right to know twice within a 12-month period.
(ii) The right to delete certain personal information.
(iii) The right to correct inaccurate personal information.
(iv) The right to opt out of the sale or sharing of personal information.
(v) The right to limit the use or disclosure of sensitive personal information.
(vi) The right to not receive discriminatory treatment following exercise of your rights.
ABOUT INFORMATION WE MAY COLLECT
Categories of Personal Information Collected
We may collect, use, or disclose the following types of personal information and sensitive personal information and, unless otherwise indicated, we have collected, used, or disclosed such information in the preceding 12-month period.
For example, a real name, alias or pseudonym, postal address, unique personal identifier, cookies or similar technology, customer number, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, tax identification number, telephone number, other persistent or probabilistic identifiers that can be used to identify a particular consumer, or other similar identifiers.
Personal information described in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e))
For example, 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, or date of birth.
Characteristics of protected classifications under California or Federal Law
For example, age, 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, immigration status, genetic information (including familial genetic information).
For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
For example, physiological, biological, or behavioral characteristics, including information pertaining to DNA, that is used or is intended to be used, singly or in combination with each other or with other identifying data, to establish individual identity, including 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.
To our knowledge, we have not collected, sold or shared biometric information in the preceding 12-month period.
Internet or other electronic network activity
For example, browsing history, search history, or information regarding interaction with a website, application, or advertisement.
For example, information that can be used to determine a device’s physical location or movements.
Audio, electronic, or similar information
For example, audio, electronic, thermal, olfactory or similar information, such as call and video recordings.
Professional or employment-related information
For example, current or past employment history or performance evaluations, as well as licenses, certifications, and other employment-related information.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99))
For example, education records directly related to a student maintained by an educational institution or party acting on its behalf, such as transcripts, student identification number, date of birth, or other information which can be used to distinguish or trace an individual’s identify in relation to an educational institution either directly or indirectly through linkages with other information.
Inferences drawn from personal information
Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Sensitive personal information
Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number. A consumer’s account log-in, financial account, debit card, or credit card in combination with any required security or access code, password, or credentials allowing access to an account. A consumer’s precise geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership. The contents of a consumer’s
mail, email, and text messages unless we are the intended recipient of the communication. A consumer’s genetic data. The processing of biometric information for the purpose of uniquely identifying a consumer. Personal information collected and analyzed regarding a consumer’s health, sex life or sexual orientation.
Categories of Sources from Which Personal Information is CollectedWe may collect your personal information from one or more of the following sources:
- Information you provided directly to us;
- Information provided by third parties;
- Information collected through our websites, or other web technologies.
Third parties from whom we collect information may include: (i) data providers, credit reporting agencies, title insurance companies, customer relationship management providers, consumer insight providers; (ii) lead aggregators, marketing providers, advertising and brand providers, publishers, social media and online sources, call centers; (iii) sales agents, brokers, lenders; (iv) background check companies, recruitment agencies, insurance and benefits providers, employees, contractors, job applicants; (v) technology providers, communications companies,
document management vendors; (vi) service providers who assist us in providing our Service and fulfilling our obligations to you and other parties; and (vii) other similar third parties.
For additional information and additional examples of the kinds of information collected under each category, see our Policy, under “Information We Collect.”
Business or Commercial PurposesWe may collect, sell, or share, and in the preceding 12 months we have collected, sold, or
shared, personal information for some or all of the following business or commercial purposes:
Categories of Third Parties to Whom We Disclose Personal InformationSale of Personal Information. We do not sell your personal information for money and we do not act as a data broker. However, we may share or disclose your personal information as described below, which in some cases may be deemed “selling” for purposes of the CCPA, even if we receive no money. To our knowledge, we have not sold, shared, or disclosed personal information of consumers under the age of 18.
Sharing or Disclosure of Personal Information. In order to carry out the business or commercial purposes described above, we may disclose your personal information to: (i) our directly-affiliated companies, (ii) third-party suppliers or professional service providers (see below), and (iii) federal and state governmental authorities or agencies as required. The categories of personal information we may disclose to such parties are detailed under
“Categories of Personal Information Collected” above.
Third-party suppliers or professional service providers to whom we disclose information may include: (i) data providers, credit reporting agencies, title insurance companies, customer relationship management providers, consumer insight providers; (ii) lead aggregators, marketing providers, advertising and brand providers, publishers, social media and online sources; (iii) sales agents, brokers, lenders; (iv) background check companies, recruitment agencies, insurance and benefits providers, employees, contractors, job applicants; (v) technology
providers, communications companies, document management vendors; (vi) cloud storage providers, payment processors, web analytics, hosting, email distribution, help desk and similar providers; (vii) service providers who assist us in providing our Service and fulfilling our obligations to you and other parties (such as real estate appraisers, auditors, law firms or trustees); and (viii) other similar third parties.
See also our Policy, under “When We Disclose Your Information.”
Retention of personal informationWe will retain your personal information for as long as reasonably necessary to fulfill the purposes for which it was collected and to fulfill our legitimate business interests. In doing so, we will consider the type of products and services requested by or provided to you, the nature and length of our relationship with you or the business entity you are associated with, and mandatory retention periods under applicable law. For example, under federal and state laws, information relating to a loan application will generally be stored in our Platform by your broker
or lender for a minimum of 3 years, and up to 7 years. We will also retain your information, including after your relationship with us ends, as long as necessary to enforce or comply with our legal or contractual rights and obligations, to resolve disputes and defend claims, and to reserve our legal rights.
RIGHT TO DELETE CERTAIN PERSONAL INFORMATIONYou have the right to request that we delete any personal information about you. However, we may not be able to fulfill your deletion request if retaining the personal information is reasonably necessary for us (or our service provider or third parties) to:
- Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Help to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for those purposes.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
- Comply with a legal obligation.
- Make other internal and lawful uses of the personal information that are compatible with
the context in which you provided it.
RIGHT TO CORRECT INACCURATE PERSONAL INFORMATIONYou have the right to request that we correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of such information. If we receive a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as directed by you. Alternatively, we may delete the inaccurate personal information if doing so does not negatively impact you, or if you consent.
RIGHT TO OPT OUT OF THE SALE OR SHARING OF PERSONAL INFORMATIONYou have the right, at any time, to request that we not sell or share your personal information.
RIGHT TO LIMIT USE OR DISCLOSURE OF SENSITIVE PERSONAL INFORMATIONYou have the right, at any time, to request that we limit the use and disclosure of sensitive personal information for purposes other than those specified in section 7027(m) of the California Consumer Privacy Act Regulations listed below, subject to certain limitations described therein and in the CCPA. As provided in such laws, we may use or disclose sensitive personal information to the extent reasonably necessary and proportionate for the following purposes:
- To perform the services or provide the goods reasonably expected by you.
- To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of your stored or transmitted personal information.
- To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.
- To ensure the physical safety of natural persons.
- For short-term, transient use, including non-personal advertising, provided that your personal information is not disclosed to another third party and is not used to build a profile or otherwise alter your experience outside your current interaction with us.
- To perform our services, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.
- To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business.
- To collect or process sensitive personal information where the collection or processing is not for the purpose of inferring characteristics about a consumer.
RIGHT TO NON-DISCRIMINATIONWe will not discriminate against you for exercising any of your rights under the CCPA.
EXERCISING YOUR RIGHTSHow to Submit a Request to Exercise Your Rights
To exercise any of the rights described above, you may submit a request either by clicking on California Privacy Choices or by contacting us at firstname.lastname@example.org with details of your request. We will consider only those requests submitted using these two options. At this time, we are not able to recognize or respond to “Do Not Track” or “Opt-Out” preference signals enabled on your device or browser.
We cannot respond to requests or provide personal information if we are unable to: (i) verify your identity or authority to make the request; (ii) confirm the personal information we have in our systems relates to you; or (iii) locate your information in our systems. If the information you provided us does not match our records, we may request additional information from you.
An authorized agent may submit a rights request for you, as described in this paragraph. An authorized agent is a natural person or business entity you have given permission to submit a request on your behalf. An authorized agent must submit a request using one of two designated methods described above. We must be able to verify the authorized agent has the authority to act on your behalf, and we will generally require evidence of either (i) a valid power of attorney; or (ii) a signed letter containing your name and contact information, the name and contact
information of the authorized agent, and a statement by you authorizing the authorized agent to submit a verifiable consumer request on your behalf. Depending on the evidence provided, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.
Response and Timing
We will endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time (up to an additional 45 days), we will inform you of the reason. The response we provide will also explain the reason we cannot comply with a request, if applicable. If we are able to comply with your request, we will provide information regarding the preceding 12-month period, unless required by law to provide information regarding a longer period.
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.
CHANGES TO THIS NOTICEWe reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on the website and update the Notice’s effective date. Your continued use of our website or Service following the posting of changes constitutes your acceptance of such changes.
If you have any questions about this Notice, the ways in which we may collect and use your personal information, and your choices and rights regarding such use, you may contact us by email at email@example.com or by mail at Arive, LLC, c/o Wizni, Inc., 5000 Executive Parkway, Suite 312, San Ramon, CA 94583.
Effective Date: June 27, 2023