Participant Media California Privacy Notice

Effective Date: June 30, 2020

This notice reflects our good faith understanding of the law and our data practices as of the date posted (set forth above), but the CCPA’s implementing regulations recently became final and there remain differing interpretations of the law.  Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to Participant Media, LLC’s and its affiliates’ and subsidiaries’ (“Company” “us” “we” “our”) other privacy policies or notices.  In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.  Please see also any general privacy policy or notice posted or referenced on our websites, apps, products, or services including, without limitation, https://participant.com/privacy-policy.

This Notice covers our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA for the twelve months preceding the Effective Date.  This Notice also covers rights California Consumers have under the CCPA, as well other notices to Californians required by other laws.  The description of our data practices in this Notice, as required by the CCPA, covers only calendar year 2019 and through the Effective Date and will be updated annually. Our practices following the Effective Date may differ, however, if materially different from this Notice we will provide pre-collection notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices.

Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting our Human Resources department. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

To aid in readability, in some places we have abbreviated or summarized CCPA terms or language, but a full copy of the CCPA is available at Title 1.81.5 of the California Civil Code, Sections 1798.100 - .199 for your review, and in some places in this Notice we cite to specific CCPA sections for your reference.  Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA. 

You can click on the following blue links to navigate to the different sections in this Notice.

Table of Contents

1. PI We Collect

            (A) Sources of PI

            (B) Use of PI

2. Sharing of PI

3. California Privacy Rights

(A) The Right to Know

i. Categories

ii. Specific Pieces

(B) Do Not Sell

          (C) Delete

          (D) Non-Discrimination and Financial Incentive Programs

          (E) Authorized Agents

          (F) Limitation of Rights

4. Additional California Notices

(A) Third Party Marketing and Your California Privacy Rights

(B) Online Privacy Practices

Tracking and Targeting

California Minors

5. Contact Us

 

1.         PI WE COLLECT.

Based on our data practices in 2019 and through the Effective Date, we give you notice that we collect the following types of PI about California Consumers, and use and share it as set forth below. This notice will be updated annually, and our current privacy notices at the point of collection, and general privacy policies, may reflect more current practices.

Category of PI Examples of PI

1. Identifiers

(as defined in CCPA §1798.140(o)(1)(A))

This may include but is not limited to: first name, last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.

2. Personal Records

(as defined in CCPA §1798.140(o)(1)(B))

This may include information such as: first name, last name, postal address, telephone number, occupation, company/organization, dietary preferences, or travel preferences.

3. Personal Characteristics or Traits

(as defined in CCPA §1798.140(o)(1)(C))

This may include, but is not limited to: gender or date of birth.

4. Internet Usage Information

(as defined in CCPA §1798.140(o)(1)(F)) 

This may include, but is not limited to: browsing time, website history, and information regarding your interaction with an Internet Web site, application, or advertisement.

5. Geolocation Data

(as defined in CCPA §1798.140(o)(1)(G))  

This may include, but is not limited to: precise physical location or movements and travel patterns.

6. Sensory Data

(as defined in CCPA §1798.140(o)(1)(H))   

This may include, but is not limited to: audio and/or visual recordings.

7. Professional or Employment Information

(as defined in CCPA §1798.140(o)(1)(I))  

This may include, but is not limited to: occupation, company/organization, title, and roles.

8. Inferences from PI Collected

(as defined in CCPA §1798.140(o)(1)(K)) 

This may include, but is not limited to: profiles about consumers reflecting the consumer’s preferences, behavior, attitudes, and abilities.

 

The chart above reflects that categories of PI required by the CCPA.  There may be additional information that we collect that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA, but will not include it when we are required to describe our practices by category of PI.

As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information, and may elect not to treat publicly available information as PI.  We have no obligation to re-identify information or keep it longer than we need it to respond to your requests.

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A.          Sources of PI.

We may collect your PI directly from you or from service providers, vendors and suppliers, our affiliates, or other individuals and marketing campaign partners (“Campaign Partners”).

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B.         Use of PI.

Generally, we collect, retain, use, and share your PI to provide you services and as otherwise related to the operation of our business. For more detail on our disclosures and sale of PI, see the next section Sharing of PI.

We may collect, use and share the PI we collect for one or more of the following business purposes:

•          Processing Interactions and Transactions (§1798.140(d)(4));

•          Managing Interactions and Transactions (§1798.140(d)(1));

•          Performing Services (§1798.140(d)(5));

•          Research and Development (§1798.140(d)(6));

•          Quality Assurance (§1798.140(d)(7));

•          Security (§1798.140(d)(2));

•          and Debugging (§1798.140(d)(3)).

Additional business purposes include sharing PI with third parties for other than a sale or one of the foregoing business purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with law or legal process, and to the consumer or other parties at the consumer’s request, for the additional purposes explained in our Privacy Policy, and to assignees as part of a merger or asset sale (“Other Business Purposes”).

Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed business purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an Other Business Purpose for which we are providing you notice.

In addition, we may collect, retain, and use PI for the purpose of sharing it as set forth in the next section.  

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2.         SHARING OF PI:

We may share PI with our service providers, other vendors, and/or affiliates, including without limitation during calendar year 2019 and through the Effective Date as follows:

Category of PI Categories of Recipients
1. Identifiers 

Business Purpose Disclosure: Campaign Partners and Service Providers

Sale: Campaign Partners

2. Personal Records

Business Purpose Disclosure: Campaign Partners and Service Providers

Sale: Campaign Partners

3. Personal Characteristics or Traits Business Purpose Disclosure: Campaign Partners and Service Providers

Sale: Campaign Partners

4. Internet Usage Information Business Purpose Disclosure: Service Providers

Sale: Not Sold

5. Geolocation Data   Business Purpose Disclosure: Service Providers

Sale: Not Sold

6. Sensory Data Business Purpose Disclosure: Campaign Partners and Service Providers

Sale: Not Sold

7. Professional or Employment Information Business Purpose Disclosure: Campaign Partners and Service Providers

Sale: Campaign Partners

8. Inferences from PI Collected Business Purpose Disclosure: Campaign Partners

Sale: Not Sold

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3.         CALIFORNIA PRIVACY RIGHTS.

 The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it.  Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

We provide California Consumers the privacy rights described in this section.  You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations.  As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). To make a request, email us here. or call us at 1-(866) 415-2546. We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. 

Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID).  As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response.  You are not required to create a password-protected account with us to make a Verifiable Consumer Request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests.  In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not.  We reserve the right to direct you to where you may access and copy responsive PI yourself.  We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome.  If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision.  You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.

Your California Consumer privacy rights are as follows:

A.         The Right to Know:

i.          Categories:

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

•          The categories of PI we have collected about you.

•          The categories of sources from which we collected your PI.

•          The business or commercial purposes for our collecting or selling your PI.

•          The categories of third parties to whom we have shared your PI.

•          A list of the categories of PI disclosed for a business purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred.

•          A list of the categories of PI sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.

To make a request, email us here or call us at 1-(866) 415-2546. In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer.  We are required to verify a consumer’s request to know categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer. If you fail to do so we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

For your specific pieces of information, as required by the CCPA, we will apply the heightened verification standards set forth in subsection (ii) below. Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

ii.         Specific Pieces:

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.  To make a request, email us here or call us at 1-(866) 415-2546. In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer.  We are required to verify a consumer’s request to know specific pieces of PI to a reasonably high degree of certainty, which may include matching at least three data points provided by the consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the consumer together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request. If you fail to provide the data points we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

B.         Do Not Sell:

Although we did disclose PI in a manner that could be deemed a “sale” under the CCPA prior to the Effective Date, we do not believe that currently we “sell” your PI as such is defined under the CCPA, and until such time as we change this policy by updating this Privacy Notice, and provide a method to opt-out of sale, we will treat PI collected under that policy as subject to a do not sell request.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. Further, there is not currently a consensus as to how various user-enabled privacy or “do not track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here as programs in which we participate or otherwise accept, which may change as programs evolve. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

We do not knowingly sell the PI of Consumers under 16.

We may disclose your PI for the following purposes, which are not a sale:  (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

C.         Delete:

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining.  Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.  Note also that we are not required to delete your PI that we did not collect directly from you.

To make a request, email us here or call us at 1-(866) 415-2546. In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer.  We are required to verify a consumer’s request to delete to a a reasonable degree of certainty, which may include matching at least two data points provided by the consumer with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by the consumer with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the consumer posted by unauthorized deletion. If you fail to provide the data points we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.

However, you may alternatively exercise more limited control of your PI by instead exercising a more limited opt-out, such as opting out of marketing communications.

D.         Non-Discrimination and Financial Incentive Programs:

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

E.         Authorized Agents:

If a Consumer chooses to submit a request through an authorized agent, we require the Consumer to:

•          Provide the authorized agent signed permission by the Consumer to submit a request, a copy of which must be provided to us;

•          Verify their own identity directly with us;

•          Directly confirm with us that they provided the authorized agent permission to submit the request.

If the authorized agent has a power of attorney issued under California Probate Code sections 4000 to 4465, then the written agreement is not necessary. Pursuant to Probate Code Sections 4121 and 4122, a power of attorney is only valid if it is notarized or witnessed by two adults other than the attorney-in-fact. Where witnesses are used rather than a notary, we require verification of the witnesses’ identities, and verification that they in fact witnessed the appointment. The power of attorney must be sufficiently broad, or specific, to establish agency to make a CCPA request. We are entitled to reject any request submitted through a power of attorney if the attorney-in-fact cannot reasonably verify the validity of the power of attorney.

If the authorized agent is not authorized by a power of attorney, we require an agent that is an entity be registered with the Secretary of State to conduct business in California. We are entitled to verify the legitimacy of an agency appointment, such as through a representation under the penalty of perjury with two verified witnesses.  We are entitled to require a natural person acting on behalf of an entity agent to attest under penalty of perjury with two verified witnesses that (1) they are authorized to act on behalf of the entity and the consumer; (2) they are who they claim to be; and (3) everything they have submitted is valid and accurate. We are entitled to require the same of an individual acting as an agent, except for the qualification that they be registered with the Secretary of State to do business in California.

In the absence of any of the general conditions detailed above, we are entitled to reject any request submitted through an agent. In addition, the agent is subject to the verification standards applicable to the type of request(s) made.

F.         Limitation of Rights:

Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights.  In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law.

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4.         ADDITIONAL CALIFORNIA NOTICES.

In addition to CCPA rights, certain Californians are entitled to certain other notices, including:

A.         Third Party Marketing and Your California Privacy Rights:

Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:

We do not share personal information as defined by California Civil Code § 1798.83 (the “Shine the Light law”) with third parties, other than our affiliates, for their direct marketing purposes absent your consent.  If you are a California resident, you may request information about our compliance with the Shine the Light law by emailing us here or by sending a letter to us at 331 Foothill Road, 3rd Floor Beverly Hills, CA 90210, USA, (Attention: Legal Counsel).  Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided e-mail address or mail address.

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

B.         Online Privacy Practices:

For more information on our online practices and your California rights specific to our online services see our online Privacy Policy.  Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:

•          Tracking and Targeting:

When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes based on your having visited our services or your activities across time and third-party locations.  Some browsers may enable you to turn on or off a so-called “Do Not Track” signal.  Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals.  For more information on tracking and your choices regarding these practices, see our online Privacy Policy.

•          California Minors:

Although our online service(s) are intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it.  We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law.  This removal process cannot ensure complete or comprehensive removal.  For instance, third parties may have republished or archived content by search engines and others that we do not control.

5.         CONTACT US.

For more information on your California privacy rights email us here or call us at 1-(866) 415-2546.

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