Privacy Notice for California Consumers
Effective Date: October 18, 2022
This Privacy Notice for California Consumers (“Notice”) supplements the information contained in Strictly’s general Privacy Notice and applies solely to California consumers with respect to their personal information in accordance with the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”) and other California-specific privacy laws. The terms “consumer” and “personal information” along with many other terms used within this Notice, have specific definitions and exclusions within the CCPA, and those terms have the same meaning when used within this Notice.
1. STRICTLY’S RELATIONSHIP WITH YOU UNDER CALIFORNIA LAW. Strictly generally operates as either a business or service provider with respect to your information, as those terms are defined within the CCPA. The capacity in which we operate is dependent upon the context in which you interact with us. For example, if you are simply visiting Strictly’s website, or if you are an actual or prospective employee of Strictly, Strictly acts as a business with respect to your personal information. If you are a patron of an Strictly customer, Strictly acts as a service provider with respect to your personal information, as the personal information is being collected by the Strictly customer and simply processed by Strictly. If you are operating on behalf of an Strictly customer, Strictly may act as either a business with respect to your personal information (for example, if personal information is collected in connection with receiving Strictly’s services) or a service provider with respect to your personal information (for example, if you are an employee of an Strictly customer, and the Strictly customer collects your personal information for input into Strictly’s services). Regardless of whether Strictly is acting as a business or a service provider with respect to your personal information, we process, retain, use and disclose personal information only as necessary to provide the services we have agreed to provide. Personal information is used strictly for business purposes, and Strictly will not sell your personal information, process your personal information for any commercial purpose other than providing the agreed services, or retain, use, or disclose your personal information outside of the scope of the agreement with have with you (or with our customer in the event that we are operating as a service provider with respect to your personal information).
2. COLLECTION OF PERSONAL INFORMATION. We collect personal information in our capacity as both a business and a service provider. Over the preceding twelve (12) month period, Strictly has collected the below categories of personal information from consumers as a whole:
Identifiers and personal information categories listed in the California Customer Records statute (Cal Civ. Code §1798.80(e), such as your name, address, email address, telephone number, online identifier, IP address, Social Security number, driver’s license or state identification card number, passport number, education, employment history, bank account number, credit card number, debit card number or other financial information and other similar identifiers.
Protected classification characteristics under California or Federal law, such as your race, citizenship and veteran or military status.
Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies and inferences based upon that information.
Internet or other similar network activity, such as information on a consumer’s interaction with our website, applications or advertisements.
Sensory data, such as telephone call recordings.
Professional or employment-related information, such as current or past job history.
The above list identifies the cumulative collection of personal information categories over the preceding twelve (12) months. In other words, the personal information categories applicable to you will depending upon the nature of your interaction with Strictly. For example, while payment information is included within the above personal information categories, it may be collected from you in your capacity as a customer of Strictly in order to facilitate payment for your subscriptions, but it would not be collected from you in your capacity as a visitor to our website. Likewise, while personal information related to protected classification characteristics may voluntarily be provided in your capacity as a job applicant, similar information would not be collected within your capacity as a customer of Strictly.
Strictly obtains the categories of personal information identified above from information you provide directly, information you provide indirectly through interactions with our website, applications or advertisements, information provided by our customers, information provided by our partners, information provided by service providers and other third party vendors, information from public record sources, and in some instances, inferences we make based upon that information.
3. USE AND DISCLOSURE OF PERSONAL INFORMATION. We use, and may disclose to our service providers, the personal information categories identified in Section 2, for certain business purposes. Over the preceding twelve (12) month period, Strictly has used, or disclosed to our service providers, the personal information categories identified in Section 2 for the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share personal information such as your name and contact information in order to request a demonstration of our products and services, we will use that personal information to respond to your inquiry, and if you provide payment information in order to purchase or subscribe to our products and services, we will use that information to process your payment pursuant to our agreement.
Performing services on behalf of a CCPA-covered business or its service provider.
To provide, support, personalize and develop our website, applications, products and services.
To create, maintain, customize and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To investigate suspected or actual illegal activity.
To provide you with support and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize you website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites and other means, including email.
To help maintain the safety, security and integrity of our website, applications, products and services, databases and other technology assets, and our business.
For testing, research, analysis, and product development, including to develop and improve our website, applications, products and services.
To respond to law enforcement requests, as required by applicable law, court order, or governmental regulations, or in connection with receipt of a garnishment, levy or lien notice.
As described to you when collecting your personal information or as otherwise set forth in 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.
When we disclose personal information for a business purpose, we enter into 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. As a reminder, the personal information categories applicable to you (and therefore the personal information disclosed to a service provider) will depend upon the nature of your interaction with Strictly.
Further, we may share your personal information at your direction (for example, when you express an affirmative interest in one of our technology integration partners, we may pass along certain personal information at your direction to allow the integration partner to contact you, and additional personal information may be disclosed at your direction by implementing the integration).
We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice. In addition, Strictly has not, does not, and will not, sell your personal information.
4. YOUR RIGHTS AND CHOICES. The CCPA provides consumers with specific rights regarding their personal information. Eligible rights requests can be exercised in accordance with Section 5 of this Notice. Please note that these rights may only be exercised with respect to Strictly depending upon the context of your interaction with Strictly. For example, if you are a patron of an Strictly customer, or in certain instances if you are operating on behalf of an Strictly customer, Strictly acts as a service provider to the Strictly customer with respect to your personal information, and in such instance, rights requests under the CCPA should be directed to the Strictly customer (who is acting as a business with respect to your personal information) and not Strictly (who is acting as a service provider of the Strictly customer with respect to your personal information). Further, certain amendments to the CCPA have temporarily limited consumer rights with respect to personal information collected in connection with certain business-to-business and employment contexts (“business-to-business context” and “employment context,” respectively). In the event that a given consumer right does not apply in the business-to-business context or the employment context, it will be noted below.
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 preceding twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (i) the categories of personal information we collected about you; (ii) the categories of sources for the personal information we collected about you; (iii) our business or commercial purpose for collecting that personal information; (iv) the categories of third parties with whom we share that personal information; (v) the specific pieces of personal information we collected about you; and (vi) if we disclosed your personal information for a business purpose, a list disclosing disclosures for a business purpose and identifying the personal information categories that each category of recipient obtained. Strictly will never disclose specific pieces of personal information that may create a substantial, articulable, and unreasonably security risk, including, without limitation, Social Security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers or account passwords or security questions and answers. Please note that while the CCPA grants additional specific information access rights with respect to the sale of personal information, Strictly does not sell your personal information. This consumer right does not apply with respect to personal information collected in the business-to-business context or the employment context.
Deletion. 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, as applicable) your personal information from our records, unless an exception applies. This consumer right does not apply with respect to personal information collected in the business-to-business context or the employment context.
Sale Opt-In and Opt-Out. The CCPA prohibits the sale of personal information collected from a consumer who is at least 13 but less than 16 years of age unless the consumer has affirmatively opted-in to the sale, and from a consumer under the age of 13, unless a parent or legal guardian has affirmatively authorized the sale. If you are 16 years of age or older, you have the right to direct a business that sells your personal information to not sell your personal information. Strictly does not sell your personal information.
Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Specifically, 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. We may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects.
5. EXERCISING ACCESS, DATA PORTABILITY AND DELETION RIGHTS. In order to exercise your access, data portability or deletion rights described above, please submit a verifiable consumer request to us by either emailing us at privacy@StrictlyZero.com or calling us at (855) 664-3887. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your information. You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information to allow us to reasonably verify you are the person about whom we collected personal information (or their authorized representative) and 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
6. RESPONSE TIMING AND FORMAT. We endeavor to respond to verifiable consumer requests within forty-five (45) days of receipt; however, if we require more time, we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. With respect to data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hinderance.
7. OTHER CALIFORNIA PRIVACY RIGHTS. California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@strictlyzero.com
8. CHANGES TO THIS NOTICE. We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated Notice to our website and update the Notice’s effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.