Upromise Privacy Addendum for California Residents
Effective Date: January 1, 2020
Last Revised on: September 19, 2019
This Privacy Addendum describes how we collect, use, disclose or otherwise process personal information of California residents, either online or offline, within the scope of the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. ("CCPA"). "Personal information" is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
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;
- 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.
- Information relating to employees, contractors and other personnel of Upromise, which is not governed by this Privacy Addendum.
Any terms defined in the CCPA have the same meaning when used in this notice.
How We Collect and Disclose Personal Information
In the previous twelve (12) months, we have collected, disclosed for a business purpose and sold the following categories of personal information from consumers:
|Category of Personal Information||Collected||Disclosed for Business Purpose||Sold|
|Identifiers, such as your name, address, email address, IP Address and other unique personal identifier or persistent online identifiers.||✓||✓||N/A|
|California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your name, address, telephone number, bank account number, credit card number, debit card number or other financial information.||✓||✓||N/A|
|Protected Classification Characteristics, such as (for job applicants only) age, national origin, gender.||N/A||N/A||N/A|
|Commercial Information, such as records of products or services purchased, obtained or considered.||✓||✓||N/A|
|Biometric Information, such as fingerprints, faceprints or other biological identifiers.||N/A||N/A||N/A|
|Internet/Network Information, such as information about your interaction with our website, applications or advertisements.||✓||✓||✓|
|Geolocation Data, such as the physical location of your device.||✓||✓||N/A|
|Sensory Information such as audio recordings.||N/A||N/A||N/A|
|Profession/Employment Information, such as current or past job history.||N/A||N/A||N/A|
|Non-Public Education Information, such as (for job applicants only) personal information from your educational records.||N/A||N/A||N/A|
|Inferences, such as profiles generated from visits to our Sites and browsing behavior.||✓||✓||N/A|
Sources of Personal Information
Upromise obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or your communications with Upromise.
- Indirectly from you. For example, from observing your actions on our website and through the use of tracking technologies such as cookies.
- Third parties you direct to share information with us.
- Our business partners, for example, other companies that refer potential applicants to our services, or that provide contact information or data append solutions.
- Third party information and marketing partners from whom we buy, lease or otherwise obtain lists for marketing purposes
- Social media companies
- Publicly available data sources.
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to enter a contest or apply for a scholarship, we will use that information to facilitate the application and contact you regarding the outcome.
- To communicate with you, including via email, text message, push notification and/or telephone calls.
- To operate, maintain, and provide to you the features and functionality of the Website, products and services.
- To create, maintain, customize, and secure your account(s) with us.
- To recognize you and remember your information when you return to our Website and Service.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- 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 experience and to deliver custom content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, or on other devices you may use, 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 market to you.
- To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Upromise's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Upromise about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
Disclosure of Personal Information
Upromise may disclose your personal information to a third party for a business purpose or sell your personal information to third parties, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights below).
We may disclose your personal information with the following categories of third parties:
- Service providers: We engage a number of third party service providers that perform business or operational services for us or on our behalf, such as payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services and other similar services, subject to contractual terms restricting the collection, use and disclosure of your personal information for any other commercial purpose.
- Third parties at your request. We share your personal information with third parties with your consent or at your direction.
- Other companies owned or controlled by Upromise, and other companies owned by or under common ownership as Upromise, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns;
- Third party security providers, for example, to detect, prevent, or otherwise address actual or suspected fraud, harassment, security or technical issues, violations of any law, rule, regulation or the policies of Upromise;
- Third party service partners. We may disclose personal information to third parties with whom we partner to provide the services, and such disclosure is necessary to fulfil your request or application;
- Marketing Partners. From time to time, we may share your personal information with third parties who may have products or services we think you may enjoy;
- Data partners. We may share your personal information with third party data partners, for example, those that provide us with data append services or similar.
For a list of the categories of personal information that we have disclosed to third parties for a business purpose or that we have sold to third parties during the previous 12 months, please refer to the chart above.
In addition, from time to time we may disclose personal information in the following circumstances:
- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and
Your Rights and Choices
If you are a California resident, the CCPA provides you with certain rights with respect to your personal information. This section describes your CCPA rights and explains how to exercise those rights, subject to exceptions under the law.
The Right to Knowledge / Specific Information
You have the right to request the following information relating to your personal information we have collected and disclosed during the last 12 months:
- The categories of personal information we have collected about you;
- The categories of sources of the personal information;
- The purposes for collecting the personal information;
- The categories of third parties with whom we share the personal information; and
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- the categories of personal information that was disclosed for a business purpose and the categories of recipients of such information; and
- the categories of personal information that we sold to third parties and the categories of recipients of such information.
The Right to Access / Data Portability
You have the right to access and obtain a copy of the specific pieces of personal information we have collected about you in the last 12 months, upon verification of your identity.
The Right to Request Deletion
You have the right to request that Upromise delete the personal information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
To Submit a Request to Exercise Your Right to Knowledge, Access (Portability) and Deletion
To submit a request to exercise your Rights to Knowledge, Access/Portability and/or Deletion, please submit a request to us by either:
- Emailing us at firstname.lastname@example.org or
- Filling out the California Resident Rights Request Form available here.
We will need to verify your identity before processing most requests, which may require us to obtain additional personal information from you. We will only use personal information provided in a consumer request to review and comply with the request. In certain circumstances, we may decline a request to exercise the rights described above.
If you wish to submit a verifiable consumer request on behalf of your minor child, the verifiable consumer request must:
- Provide sufficient information to allow us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Response Timing and Format
We will endeavor to respond to a verifiable consumer request within forty-five (45) days of receipt. If we are unable to process your request in such time, we will inform you of the delay 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. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable consumer request's receipt. If we are unable to comply with all or a portion of your request, we will explain the reasons we cannot comply
We reserve the right to charge a fee to process or respond to your verifiable consumer request if we determine that such 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.
The Right to Opt-Out of Personal Information Sales
You have the right to direct us not to sell personal information we have collected about you to third parties. This is known as the "Right to Opt-Out."
To exercise the Right to Opt-Out, you may submit a request to us by clicking the link below:
You do not need to create an account with us to exercise your opt-out rights. However, we may ask you to provide additional personal information so that we can properly identify you in our dataset to track compliance with your Opt-Out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you chose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
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 into personal information sales at any time by contacting us via any method provided below under Contact Information section.
Minor children under age 16. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. Please email us at email@example.com to inform us if you, or your minor child, are under the age of 16.
The Right to Non-Discrimination
You have the right to be free from discrimination for exercising any of the rights described above.
The right to non-discrimination does not prohibit us from offering you certain financial incentives that may result in different prices, rates or quality levels of products or services. In addition, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may not be able to provide our products and services you in the future.
Other California Privacy Rights
Changes to This Privacy Addendum
Upromise reserves the right to amend this Privacy Addendum 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.