California Privacy Notice

Participant California Privacy Notice

Effective Date: February 6, 2023
 

This California Privacy Notice (“Notice”) applies to California residents 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 residents and their rights under California law, including the California Consumer Privacy Act and its amendment, the California Privacy Rights Act (“CCPA”).  To learn more about our general privacy practices, please review our Privacy Policy.  To learn more about our privacy practices with respect to employment-related information collected from California residents pursuant to the CCPA, please review our California Employee Privacy Policy.  

This Notice covers our collection, use, disclosure, and sale of California residents’ “Personal Information” (“PI”) as defined by the CCPA, whether such PI is collected through our websites and applications, including www.participant.com and its related websites, apps, and other web-connected services (the “Site”), as well as through any other channels, whether online or offline.  This Notice also covers rights California residents may have under the CCPA, as well other notices to Californians as may be required by other laws.  

We provide this Notice to comply with applicable privacy laws, including the CCPA. The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of PI, as well as rights to access, correct, delete, and restrict the sale, use, and disclosure of certain PI we collect about them, unless exceptions apply. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights by emailing us using the information provided in the Your Privacy Rights section below.

Consistent with the CCPA, publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data.

To aid in readability, in some places we have abbreviated or summarized CCPA terms or language.  Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA.

If you are a visually impaired individual, an individual with another disability, or an individual seeking support in another language, you may access this Notice by emailing us at privacy@participant.com.

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

Table of Contents

  1. PI We Collect
    • Sources of PI
    • Use of PI
  2. Sharing of PI
  3. California Privacy Rights
  4. Additional California Notices
    • Third Party Marketing and Your California Privacy Rights
    • Online Privacy Practices
      • Tracking and Targeting
      • California Minors
  5. Contact Us

1. PI WE COLLECT

We may collect, or have collected, the following types of PI about California residents over the past twelve (12) months, and use and share it as set forth below.  

Category of PIExamples of PI
1. IdentifiersThis may include but is not limited to: first name, last name, account name or social media handle, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, telephone number, Social Security numbers, passport numbers, or other government identification numbers, or other similar identifiers.
2. Personal RecordsThis 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 TraitsThis may include, but is not limited to: gender or gender identification, race or ethnicity, age, marital status, education level, income level and other income-related information, homeownership and dwelling information, household size, number of children, language preferences, and date of birth.
4. Commercial InformationThis may include, but is not limited to: products and services that you have purchased, obtained, or considered, the likelihood that you may purchase, obtain, or consider certain products or services, and the quantity, qualities, and monetary value associated with your purchases.
5. Internet Usage InformationThis may include, but is not limited to: browsing time, website history, and information regarding your interaction with an Internet Web site, application, or advertisement.
6. Geolocation DataThis may include, but is not limited to: general physical location.
7. Sensory DataThis may include, but is not limited to: occupation, company/organization, title, roles, and industry.
8. Professional or Employment InformationThis may include, but is not limited to: profiles about consumers reflecting the consumer’s preferences, behavior, attitudes, household information, and abilities.9.
9. Inferences from PI CollectedThis may include, but is not limited to: profiles about consumers reflecting the consumer’s preferences, behavior, attitudes, household information, and abilities.

Please note that because of the overlapping nature of certain of the categories of PI identified above, some of the PI we collect may be reasonably classified under multiple categories.

Sensitive personal information.  Certain of the PI that we collect, as described above, may constitute “sensitive personal information” (or “SPI”) under California law, including:

  • Social security, driver’s license, state identification card, or passport number;
  • Racial or ethnic origin;
  • Religious or philosophical beliefs; and
  • Gender or gender identity.

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.

  • A. Sources of PI: We may collect PI about you from or through the following categories of sources:
    • From you, including via our Site, telephone, in-person, postal mail, social media, forums, or other means
    • From other individuals using our Site or Services who may provide information
    • Our service providers, including our vendors and suppliers that provide us with various business services (“Service Providers”)
    • Our affiliated businesses and brands
    • Our third party partners that engage in marketing as well as marketing analytics and  enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you (“Campaign Partners”)
    • We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.
  • 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.  We collect your PI for all of the purposes identified in Section 2 of our Privacy Policy, which includes both commercial and business purposes.  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 (“Business Purposes”):
    • Processing Interactions and Transactions;
    • Managing Interactions and Transactions;
    • Performing Services;
    • Providing Direct Advertising;
    • Research and Development;
    • Quality Assurance;
    • Security; and
    • Debugging.

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 Section 2 of 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 consistent with those same purposes.

The Sensitive Personal Information that we collect as described in Section 1 above may be used for any of the above purposes.

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

We will retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; (iii) whether there is a privacy right for which the personal information has been exercised (such as a request to delete); and (iv) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

2. SHARING OF PI

We may disclose PI to our service providers, other vendors, and/or affiliates.  In some cases, we may have “sold” or “shared” PI to our Campaign Partners predating 2020, however we do not currently “sell” or “share” PI as those terms are defined by the CCPA.  These categories are as follows:

Categories of PICategories of Recipients
1. IdentifiersBusiness Purpose Disclosure: Campaign Partners and Service Providers

Sale/Sharing: Not currently, but to Campaign Partners prior to June 2020
2. Personal RecordsBusiness Purpose Disclosure: Campaign Partners and Service Providers

Sale/Sharing: Not currently, but to Campaign Partners prior to June 2020
3. Personal Characteristics or TraitsBusiness Purpose Disclosure: Campaign Partners and Service Providers

Sale/Sharing: Not currently, but to Campaign Partners prior to June 2020
4. Internet Usage informationBusiness Purpose Disclosure: Service Providers

Sale/Sharing: Not Sold/Shared
5. Geolocation DataBusiness Purpose Disclosure: Service Providers

Sale/Sharing: Not Sold/Shared
6. Sensory DataBusiness Purpose Disclosure: Campaign Partners and Service Providers

Sale/Sharing: Not Sold/Shared
7. Professional or Employment InformationBusiness Purpose Disclosure: Campaign Partners and Service Providers

Sale/Sharing: Not currently Sold/Shared, but to Campaign Partners prior to June 2020
8. Inferences from PI CollectedBusiness Purpose Disclosure: Campaign Partners

Sale/Sharing: Not Sold/Shared

Participant does not have any actual knowledge of “selling” or “sharing” PI, as those terms are defined by the CCPA, from California residents under 16 years of age. 

3. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have the right to make the following requests under applicable California law in relation to your PI, subject to certain exceptions: 

  • Right to Know.  You have the right to, up to twice in a 12-month period, request what PI we collect, use, disclose, and/or sell, and to whom, as applicable, as well as the categories of sources from which the PI is collected, the purposes of collecting, using, or sharing the PI, the categories of third parties to whom we disclose PI, and the specific pieces of PI that we collect.
  • Right to Delete.  You have the right to request, under certain circumstances, the deletion of your PI that we collect.
  • Right to Opt-Out of Sale or Sharing.  You have the right to opt-out of the “sale” or “sharing” of your PI as those terms are defined under California law. Please note that Participant does not currently “sell” or “share” PI that is subject to this Notice.  
  • Right to Non-Discrimination.  You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above. 
  • Right to Limit Use and Disclosure.  You have the right to limit the use or disclosure of your SPI to only the uses necessary for us to provide our products or services, or for certain other purposes authorized by the CCPA. We will not use or disclose your SPI after you have exercised your right unless you subsequently provide consent for the use of your SPI for additional purposes.
  • Right to Correct.  You have the right to request the correction of any inaccurate PI.


How to submit a request.  You may exercise any of the rights described in this section by emailing us at privacy@participant.com or by calling 1-800-250‑2383.

As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”).  We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the California resident about whom we collected PI. To verify you, you must provide us with your first name, last name, and email address. These rights are also subject to various exclusions and exceptions under applicable laws.

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.  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 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.

We currently do not collect household data. If we receive a request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect PI from any person under the age of 13.

We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

Authorized agent requests.  If you choose to submit a request through an authorized agent, we require you to:

  •  Provide the authorized agent signed permission by the California resident 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.

The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to privacy@participant.com or by calling 1-800-250‑2383.

4. ADDITIONAL CALIFORNIA NOTICES

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

  1. Third Party Marketing and Your California 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 (which for California residents will be on an opt-in rather than opt‑out basis).  If you are a California resident, you may request information about our compliance with the Shine the Light law by emailing us or by sending a letter to us at 3520 Wesley Street, Culver City, CA 90232, 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.
  2. 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, such as cookies, 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: Our Site and online service(s) are intended for an audience over the age of eighteen (18) and we do not knowingly collect personal information from children under age 18 through the Site. 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 using the information in the Contact Us section, 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. If we become aware that we have collected personal information from children under age 13 without verification of parental consent, we will take steps to remove that information from our servers. If you are a parent or guardian and you are aware that a child under age 13 has provided us with personal information without parental consent, please contact us using the information in the Contact Us section.

5. CONTACT US

For more information on your California privacy rights email us or call us at 1 (800) 250‑2383.