California Privacy Rights

Last Updated: December 19, 2022

This California Privacy Notice (the “CA Disclosures”) supplements the information contained in our Privacy Policy and applies solely to individual residents of the State of California (“consumers” or “you”).

These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal data of individual residents of the State of California within the scope of the California Consumer Privacy Act of 2018, as amended by the California Consumer Privacy Rights Act (collectively, the “CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined the CCPA.

These CA Disclosures apply to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we collect and the rights you may have in connection with such information. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”), and does not include information that is (i) publicly available, (ii) deidentified or aggregated such that it is not capable of being associated with you, or (iii) that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as the HIPAA, the FCRA, GLBA or the Driver’s Privacy Protection Act of 1994. These CA Disclosures also do not apply to information relating to our employees, contractors, and other personnel.

HOW WE COLLECT AND USE INFORMATION

We may collect personal information from and about you for a variety of purposes. For example, we use personal information to fulfill your requests, process your transactions and provide our Services to you; to communicate with you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.

To learn more about the types of personal information we collect and the purposes for which we collect this information, please refer to the How We Collect Your Information of the Privacy Policy.

In the last 12 months, we may have collected the following categories of personal information:

• Identifiers, such as your first and last name, physical address, phone number, email address or other similar identifiers.
• California Customer Records (Cal. Civ. Code § 1798.80(e)), such as contact information and payment information.
• Commercial Information, such as billing and purchase history.
• Internet/Network Information, such as device information, logs and analytics data.
• Geolocation Data, such as location information from your device or generated based on IP address.
• Professional or Employment Information, such as the name and address of the company you work for in connection with job applications. 
• Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99) from job applicants only, such as educational history and degree.
• Sensory Information, such as your profile photograph on social media pages and recordings of phone calls with us, where permitted by law.
• Other Personal Data, including list of personal belongings, address book information, and information you post on our social media pages or otherwise provide to us.
• Inferences, such as predictions about your interests and preferences.

For more information about the personal data that we collect and how we collect it, please refer to the How We Collect Your Information section of our Privacy Policy

DISCLOSURE OF PERSONAL INFORMATION

We share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your Right to Opt-Out of those sales (see Your Rights and Choicesbelow). The categories of third parties to whom we sell or disclose your personal information for a business purpose include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) promotional partners; (v) ad networks and advertising partners; (vi) analytics providers; (vii) social networks. 

In the previous 12 months, we may have disclosed the following categories of personal information to third parties for a business purpose:

• All of the categories of personal information we collect, explained in the How We Collect and Use Information section above.

Unless you have exercised your Right to Opt-Out of personal information sales, we may sell or share personal information to third parties for monetary or other valuable consideration. The third parties to whom we sell or share personal information may use such information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties.

In the previous 12 months, we may have sold or shared the following categories of personal information to third parties:

• Identifiers
• Commercial Information
• Internet / Network Information

As is common practice among companies that operate online, we have permitted third party advertising networks, social media companies and other third party businesses collect and disclose your personal information (including Internet / Network Information, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. To learn more, please see the Online Advertising and Third-Party Tracking section of our Privacy Policy.

To learn more about how we disclose data to third parties, please refer to the How We Share Your Information section of our Privacy Policy.

YOUR RIGHTS AND CHOICES

As a California resident, you may be able to request to exercise the following rights:

• The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
• The specific pieces of personal information we have collected about you;
• The categories of personal information we have collected about you;
• The categories of sources of the personal information;
• The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
• The categories of personal information we have sold and the categories of third parties to whom the information was sold; and
• The business or commercial purposes for collecting or selling the personal information.
• The Right to Request Correction of any inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data.
• The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
• The Right to Opt-Out of Personal Information Sales or Sharing, specifically you have the right to direct us not to “sell” your personal information to third parties for monetary or other valuable consideration, or “share” your personal information to third parties for cross-context behavioral advertising purposes. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales or sharing.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.

HOW TO EXERCISE YOUR CALIFORNIA PRIVACY RIGHTS

You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To exercise your Right to Know, Right to Correct, and/or Right to Deletion, please submit a request by:

• Emailing privacy@clutter.com with the subject line “California Rights Request,” or
• Filling out our California Resident Rights Request Form. 

To exercise the Right to Opt-Out of Personal Information Sales, or Opt-Out of the Personal Information Sharing with third parties for cross-context behavioral advertising purposes, you may submit a request by clicking the following link: Do Not Sell or Share My Personal Information

Please see the sections of our Privacy Policy called Cookies and Other Tracking Technologies and Online Advertising and Third-Party Tracking for more information about how third parties use cookies and related technologies to collect information automatically on our Services, and the choices you may have in relation to those activities.

To Submit a Request as an Authorized Agent

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf by: 

• For requests to know or delete personal data: 
• Receiving a power of attorney valid under the laws of California from you or your authorized agent; or
• Receiving sufficient evidence to show that you have:
• Provided the authorized agent signed permission to act on your behalf; 
• Verified your own identity directly with us pursuant to the instructions set forth in these CA Disclosures; and 
• Directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf. 
• For requests to opt-out of personal data sales: Receiving a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf. 

We may deny a request in the event we are not able to verify the authorized agent’s authority to act on your behalf.

MINORS

We do not sell or share 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 minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at privacy@clutter.com to inform us if you, or your minor child, are under the age of 16. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at privacy@clutter.com. We may not be able to modify or delete your information in all circumstances.

CALIFORNIA’S “SHINE THE LIGHT” LAW

California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law, or the right to opt out of such practices (See Cal. Civ. Code §1798.83). To opt out of this type of sharing, please submit a request by filling out our California Resident Rights Request Form. 

NOTICE OF FINANCIAL INCENTIVES

In addition, we may offer you financial incentives for the collection, sale, retention, and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs, and/or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.

Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.