Your California Privacy Rights

California Consumer Privacy Act of 2018. Effective January 1, 2020.

This Privacy Notice for California Residents is provided as part of our compliance with the requirements of the California Consumer Privacy Act of 2018 (the “CCPA”) and supplements the information contained in the Credibly Privacy Policy.  It  applies solely to individual residents of the State of California.

Certain exemptions apply to your rights and Credibly’s obligations under the CCPA. These rights and requirements may not apply in certain situations depending on your relationship with Credibly, Credibly’s other legal obligations, and as otherwise provided for in the CCPA.

Legal Entities

Retail Capital LLC doing business as “Credibly” and its subsidiaries and affiliates (collectively “us”, “we” and/or “Credibly”).

Applicability

Your privacy is important to us. This CCPA disclosure explains how the legal entity listed above collects, uses and discloses personal information relating to California residents.

Introduction

Under the CCPA, ‘Personal Information’ is information that identifies, relates to, or could reasonably be linked directly or indirectly with a particular California resident.

Information We Collect 

We provide business-to-business products and services.  As part of providing those products and services, we collect Personal Information. In particular, we have collected the following categories of Personal Information from California residents within the last twelve (12) months:

Category Examples Collected

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

A name, 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, debtor 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.

YES

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 child birth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

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. NO
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)). Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
K.      Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

Under the CCPA, Personal Information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information from individuals who are not residents of California.
  • Information regarding businesses.
  • Information excluded from the CCPA’s scope, like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) 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 (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy.

Sources of Personal Information

The categories of sources from whom we collected this Personal Information are:

  • Directly from a California resident or the individual’s representatives
  • Service Providers, Consumer Data Resellers and other third parties
  • Public Record Sources (Federal, State or Local Government Sources)
  • Our Affiliates
  • Website/Mobile App Activity/Social Media
  • Client-Directed Third Parties or Institutions representing a

Client/Prospective Client

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 you provided the information
  • To provide, support, personalize, and develop our products and services
  • To create, maintain, customize, and secure your account with us
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections
  • To improve our website and present its 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
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as an ongoing concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred

Disclosure of Personal Information

The categories of third parties to whom we disclosed Personal Information for our business

purposes described in this privacy disclosure are:

  • Our Affiliates and Subsidiaries
  • Vendors and Service Providers who provide services such as website hosting, data analysis, payment processing, information technology and related infrastructure, customer service, email delivery, auditing, marketing and marketing research activities
  • Partners and Third Parties who provide services such as payment, banking and

communication infrastructure, storage, legal expertise, tax expertise, notaries and auditors, who promote Credibly and its financial services and products to customers and other prospective customers

  • Other Third Parties who enable customers to conduct transactions online and via mobile devices (at the direction of the customer)
  • Government Agencies as required by laws and regulations

Your Rights Regarding Personal Information

Up to two times in a 12-month period, you have the right to request that we disclose  the following to you regarding our collection and use of your Personal Information in the past 12 months:

  1. Categories of personal information we collected about you during the preceding 12 months.
  2. Categories of sources from which we collected the personal information during the preceding 12 months.
  3. Business or commercial purpose for collecting or selling your personal information during the preceding 12 months.
  4. Categories of third parties with whom we share the personal information during the preceding 12 months.
  5. Specific pieces of personal information we collected about you during the preceding 12 months.
  6. Categories of personal information we have sold/transferred and categories of third parties to whom the information was sold/transferred to during the preceding 12 months.
  7. Categories of personal information we disclosed about you for a business purpose during the preceding 12 months.

You have the right to opt-out of the sale/transfer of your Personal Information unless it is necessary for our business purposes.

You have the right to request the deletion of your personal information unless it is necessary for our business purposes.

In addition, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes.

We will not discriminate against you because you exercised your rights.

How to Exercise Your Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request via email to us at Privacy@Credibly.com with the following subject line: CCPA Request.

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. You may also make a verifiable consumer request on behalf of your minor child.

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.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will try 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 (either by mail or electronically).

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. 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.

Policy Updates

We will review this policy on no less than an annual basis and may update it at any time to reflect changes to our information practices.