Privacy Notice for California Residents

Last modified: August 24, 2020

Exercise Your California Rights

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and 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 reasonably capable of being associated
with, or could reasonably be linked, directly or indirectly, with a particular
consumer, household, or device (“personal
information
“). Personal information does not include:

  • Publicly available information
    from government records.
  • Deidentified or aggregated
    consumer information.

In particular, our Website collected the
following categories of personal information from its consumers 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 (Cal. Civ. Code § 1798.80(e)). 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.
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 childbirth 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. YES
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. NO
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)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. 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

Our Website obtains the categories of
personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase from one of our network providers, and information you provide us when you register on our Website to receive communications from us.
  • Indirectly from you. For example, from observing your interactions on our Website.
  • Information from our marketing partners. For example, through information we collect in the course of providing services to our marketing affiliates.

Use of Personal Information

We may use, sell, or disclose the personal
information we collect for one or more of the following purposes:

  • To fulfill or meet the reason
    you provided the information.
  • To provide, support,
    personalize, and develop our Website, products, and services.
  • To email you offers for
    products and services from our marketing affiliates.
  • To create, maintain, customize,
    and secure your account with us.
  • To process your requests,
    purchases, transactions, and payments and prevent transactional fraud.
  • We may collect and use
    demographic information, such as your zip code and gender to show you offers
    that may be of interest to you.
  • 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 personalize your 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 via email or text message (with your consent, where
    required by law).
  • To help maintain the safety,
    security, and integrity of our Website, products and services, databases and
    other technology assets, and business.
  • For testing, research,
    analysis, and product development, including to develop and improve our
    Website, products, and services.
  • To respond to law enforcement
    requests and as required by applicable law, court order, or governmental
    regulations.
  • 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  about our Website
    users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). 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. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the
following categories of third parties:

  • Service providers.
  • Our affiliated entities.
  • Third parties. We share personal information with third parties marketing affiliates to retarget ads based on your interests to serve you more relevant advertising. If you are a resident of CA and wish to opt-out of this interest based advertising, please contact us at dataprotection@optimalfusion.com or click here and submit your “do-not-sell” request.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months,
Company has 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: Commercial information.
Category F: Internet or other similar network activity.

We disclose your personal information for a
business purpose to the following categories of third parties:

  • Service providers.
  • Our affiliated entities.
  • Third parties. We share personal information with third parties marketing affiliates to retarget ads based on your interests to serve you more relevant advertising. If you are a resident of CA and wish to opt-out of this interest based advertising, please contact us at dataprotection@optimalfusion.com or click here and submit your “do-not-sell” request.

Sales of Personal Information

In the preceding twelve (12) months,
Company has sold the following categories of personal information:

A. Identifiers.
B. California Customer Records personal information categories.
C. Protected classification characteristics under California or federal law.
D. Commercial information.
F. Internet or other similar network activity.

We sell your personal information to the
following categories of third parties:

  • Service providers.
  • Our affiliated entities.
  • Third parties. We share personal information with third parties marketing affiliates to retarget ads based on your interests to serve you more relevant advertising. If you are a resident of CA and wish to opt-out of this interest based advertising, please contact us at dataprotection@optimalfusion.com or click here and submit your “do-not-sell” request.

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

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 (see Exercising Access, Data Portability, and Deletion Rights), 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 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 (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability,
and deletion rights described above, please submit a verifiable consumer
request to us emailing our data protection officer at the following email
address: dataprotection@optimalfusion.com.

Only you, or someone legally authorized 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.

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 us to reasonably verify you are the person about whom we collected
    personal information or an authorized representative, which may include:
  • 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.

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. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out Rights.

Response Timing and Format

We endeavor to respond to a verifiable
consumer request within forty-five (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.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us emailing our data protection officer at the following email address: dataprotection@optimalfusion.com or clicking the following link:

“Do Not Sell My Personal Information”

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by contact us at the following email address: dataprotection@optimalfusion.com. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

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.

Other California Privacy
Rights

California’s “Shine the Light”
law (Civil Code Section § 1798.83) permits users of our Website that are
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 dataprotection@optimalfusion.com _.

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 post the updated notice on the 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
.

Contact Information

If you have any questions or comments about this notice, the ways in which our website collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Toll-free Number: 866-764-1025
Email Address: dataprotection@optimalfusion.com
Mailing Address:
Optimal Fusion, Inc.
7162 Beverly Blvd
Suite 780
Los Angeles
CA 90036