California Consumer Privacy Act

Studs Privacy Notice for California Residents

Effective Date:  July 31, 2020
 

This Privacy Notice for California Residents (this “Notice”) supplements the information contained in Studs’ Privacy Policy (the “Policy”) and applies solely to visitors, users, and others who reside in the State of California (“Users” or “you”) who visit https://studs.com/

 (the “Site”) or use the Services.  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

1. Information We Collect

Our Site collects “Personal Information” as defined in the Policy.  For purposes of this Notice, “Personal Information” also includes 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; and
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 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 (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, our Site has collected the following categories of Personal Information from its Users within the last twelve (12) months:

We obtain the 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.
• Indirectly from you. For example, from observing your actions on our Site through cookies or other tracking mechanisms.

Use of Personal Information

We may use or disclose the Personal Information we collect for business purposes set forth in the Policy.

Sharing Personal Information

We may disclose your Personal Information to a third party for business purposes as set forth in the Policy.  When we disclose Personal Information to a third party for a business purpose, we enter into a contract that describes the purpose for which the disclosure is being made and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes specified in the contract.  The CCPA prohibits third parties who purchase the Personal Information that we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers;

Category B: California Customer Records personal information categories;

Category D: Commercial information;

Category F: Internet or other similar network activity; and

Category G: Geolocation data.

2. Your Rights and Choices

The CCPA provides 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, to the extent it is possible to associate your request with any Personal Information that we possess, 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);
• The specific pieces of Personal Information we collected about you (also called a data portability request); and
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) 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, to the extent it is possible to associate your request with any Personal Information that we possess, 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:

• 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;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• 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;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• 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 using this [form] if you are making the request on behalf of yourself or this [form] if you are making the request on behalf of someone else and emailing the form to us at heystuds@studs.com with “Attn:  Privacy” in the subject line.

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; 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 and/or authority to make the request.

Response Timing and Format

We try to respond to verifiable consumer requests within forty-five (45) days of receipt.  If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the verifiable consumer request.  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 a verifiable consumer request unless such a request 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.

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 Users we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age.  Users 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 by visiting the following Internet Web page 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 emailing us at heystuds@studs.com with “Attn:  Privacy” in the subject line.

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; 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.

However, 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.  Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

3. Other California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to heystuds@studs.com with “Attn:  Privacy” in the subject line.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

To request any other changes or information about our collection, use or disclosure of your information, please email us at heystuds@studs.com with “Attn:  Privacy” in the subject line.

Third parties may keep track of your browsing activities across third party websites.  California Business & Professions Code Section 22575(b) provides that California residents are entitled to know whether we respond to “Do Not Track” browser signals.  “Do Not Track” is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you.  Our Site does not currently respond to “Do Not Track” settings.  For further details regarding “Do Not Track,” visit donottrack.us.

4. Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time.  When we amend this Notice, we will post the updated notice on the Site and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of any such amendments.