Privacy Notice for California Residents

Effective Date: December 30, 2019

 

This Privacy Notice for California Residents (“CCPA Privacy Notice”) supplements the information contained in the Privacy Policy of PayActiv (“PayActiv”, “we,” “us,” or “our”) and applies only to visitors, users, and others who reside in the State of California (“consumers” or “you”). PayActiv provides the PayActiv platform, this website, mobile applications, and related services (together, the “Services”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. 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 capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). Personal Information we have collected from you over the past 12 month period may include the following categories:

CategoryExamplesCollected by PayActiv
IdentifiersName, 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
Characteristics of protected classifications under California or federal law.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
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).No
Commercial information.

 

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.No
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
Internet or other similar network activity.

 

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.Yes
Geolocation data.Physical location or movements.Yes
Sensory data.

 

Audio, electronic, visual, thermal, olfactory, or similar information.No
Professional or employment-related information.Current or past job history or performance evaluations.No
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
Inferences drawn from other personal information.

 

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.No

 

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information specifically excluded from the scope of the CCPA such as 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; and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

How We Use and Disclose Personal Information

Use of Personal Information

Except as described in this CCPA Privacy Notice, we will not disclose information about you that we collect on the Services to third parties without your consent. We may use and/or disclose the Personal Information described above for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided;
  • To provide you with information, products or services that you request from us;
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections;
  • To improve our Services;
  • For testing, research, analysis and product development;
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
  • 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; and
  • 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.

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.

Disclosing Personal Information

We may disclose information to third parties for a business purpose if you consent to us doing so and. In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

  • Characteristics of protected classifications under California or federal law.
  • Internet or other similar network activity.

We disclose your Personal Information to the following categories of third parties for a business purpose:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any Personal Information.

Categories of Sources of Personal Information

We collect Personal Information relating to you from the following categories of sources:

  • Directly from you. For example, the information you provide when you sign up for our services.
  • Indirectly from you through the Services. The Services collect certain information automatically and stores it in log files. The information may include (i) internet protocol (“IP”) addresses, (ii) the region or general location where your computer or device is accessing the internet, (iii) browser type, (iv) operating system, and (v) other usage information about the use of the Services, including a history of the pages you view.
  • Third parties. For example, from credit reporting agencies to validate your information and identity when using or signing up for the Services.

Your Rights under the CCPA

The CCPA providers California residents with specific rights regarding their Personal Information. The following is a description of your rights under the CCPA and how you can exercise such rights.

Access and Data Portability

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 verify your request, we will disclose to you:

  • The categories of Personal Information we have collected about you.
  • The categories of sources from which the Personal Information about you is collected.
  • The business or commercial purpose for collecting or selling Personal Information.
  • The categories of third parties with whom we share Personal Information.
  • The specific pieces of Personal Information we have collected about you.
  • If we sold or disclosed your Personal Information for a business purpose:
    • the categories of Personal Information that we have collected about you;
    • the categories of Personal Information that we have sold about you and the categories of third parties to whom the Personal Information was sold, by category or categories of Personal Information for each category of third parties to whom the Personal Information was sold;
    • the categories of Personal Information that the business disclosed about the consumer for a business purpose;

Right to Deletion

You have the right to request that we delete any of your Personal Information that we have collected from you and that we retain, subject to the limitations set forth below. Once we have received a verifiable consumer request (as described below), we will delete your Personal Information from our records and direct any service providers to do the same, unless an exception applies.

We may deny your request to delete your Personal Information if we need that information for any of the following purposes:

  • To complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’ ongoing business relationship with you, or otherwise perform our contract with you.
  • To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
  • To debug to identify and repair errors that impair existing intended functionality.
  • To exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
  • To comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  • To 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 business’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
  • To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
  • To comply with a legal obligation.
  • To otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Shine the Light

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to compliance@payactiv.com. In your request, please state that you are a California resident and provide a current California address for our response.

Exercising your Rights - Verifiable Consumer Requests

To exercise any of your rights described in this CCPA Privacy Notice, please submit a verifiable consumer request to us by calling us at: +1(408) 606-8443; visiting us at www.payactiv.com; or emailing as at compliance@payactiv.com (in your request, please note you are writing about “Personal Information” in the subject or body of the email).

Only you or an agent registered with the California Secretary of State who is authorized by you can submit a verifiable consumer request relating to your Personal Information. You, or your agent, may only make two verifiable consumer requests within a twelve-month period. You must provide us with information that is sufficient to allow us to reasonably verify your identity, or to confirm that you are an authorized representative of that person. You must describe your request in enough detail to allow us to properly evaluate and respond to your request.

If we cannot verify your identity or verify the authenticity of your representative then we will be unable to respond to your request. You do not need an account with us in order to submit a consumer request. We will limit the use of any information provided in relation to verifying a consumer request for verification purposes only.

Timing

We will work to respond to a verified consumer request within 45 days of receipt of the request. We may reasonably require additional time to comply with your request. In such a case, we will notify you in writing within the initial 45 day period that we require additional time (up to 90 days where necessary). 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.  Disclosures will only cover the twelve-month period preceding your request.  Where necessary, we will explain the reasons we cannot comply with a request.  For data portability requests, we will select a format to provide your Personal Information that is readily useable and transferable.

We do not normally charge a fee for processing or responding to verifiable consumer requests.  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.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:

  • Deny you services.
  • Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services.
  • Suggest that you may receive a different price or rate for services or a different level or quality of services.

Changes and Updates to the CCPA Privacy Notice

PayActiv reserves the right to amend the CCPA Privacy Notice at any time, for any reason, without notice to you, other than the posting of the amended CCPA Privacy Notice on this website. Changes to this CCPA Privacy Notice are effective when they are posted on this page. When we change the policy in a material manner we will let you know by updating the “Effective Date” at the top of this page.

If you have any questions or comments about this Privacy Notice for California Consumers please contact us by email at compliance@payactiv.com and please note you are writing about “–CCPA Privacy Notice” in the subject or body of the email, or by postal mail at:

PayActiv, Inc.
4880 Stevens Creek Blvd. Suite 102
San Jose, CA 95129

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