ORBEE Privacy NOTICE FOR CALIFORNIA RESIDENTS

 

Effective Date:           January 1, 2020

 

Last Updated:             January 1, 2019

 

This Orbee Privacy Notice for California Residents (this “Notice”) applies to Orbee, Inc., and our affiliated companies (“we”, “us”, “our”, or “Orbee”).

 

If you are resident of California, our collection, handling, and processing of your personal information is subject to the California Consumer Privacy Act (or, “CCPA”) in addition to other federal and state privacy laws. Our use of your information is fully intended to fully comply with the CCPA. 

 

This Notice describes our privacy practices regarding the collection, use, disclosure, and sale of personal information of California residents, and what your rights are as consumer regarding your personal information.

 

This Notice applies to all personal information that you provide directly to us, or which our business partners may have collected about you and shared with us as their service provider.

 

This Notice does not apply to independently operated websites, applications, or services of third-parties, or their own practices.

 

We will update this Notice from time to time if there is a change in applicable law, or if there is a change to the way we treat your personal information.

 

We will notify you of any material changes to our policies by posting the updated Notice wherever it may appear on our websites, and give you notice that the Notice has been updated. At that time, we will change the date of this Notice and provide other required information.

 

Our contact information is included at the end of this Notice.

 

Capitalized terms which are not defined in this Notice have the same meanings in Privacy Policy, or the CCPA. If there is any conflict between the provisions of this Notice and those of our Privacy Policy, the terms of this Notice will control.  

 

WHAT IS PERSONAL INFORMATION?

 

For the purposes of this Notice, “personal information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you as a person or your household.

 

Examples of personal information include your real name, nicknames or aliases, email addresses, Social Security number, driver’s license number, or other similar identifiers. Personal information can also include commercial information about products you have purchased or are considering purchasing, and your browsing history and activity on websites on the Internet.

 

Personal information does not include publicly available information from government records, or information which about yourself or your household which is covered and regulated under other existing laws, such as personal information collected, processed, sold, or disclosed under the Gramm-Leach-Blilley Act, Fair Credit Reporting Act, Driver’s Privacy Protection Act of 1994, or the California Financial Information Privacy Act.

 

Personal information does not include information about a consumer which has been de-identified or aggregated so that it cannot be associated or linked, whether directly or indirectly, to a consumer.

 

For the purposes of this Notice, a “consumer” is any natural person who resides in California. However, a consumer does not include persons who are job applicants, or act as employees, owners, directors, officers, or medical staff members of Orbee or any contractor or entity that does business with Orbee, or any persons whose information is collected and used for purposes of having an emergency contact or to administer benefits for any of those persons.

 

CATEGORIES OF PERSONAL INFORMATION WE COLLECT

 

The types of personal information Orbee collects about consumers depends on the services we provide, and the different purposes we have for that information.

 

We share consumers’ personal information with our own service providers and subcontractors that provide services to us and process personal information on our behalf.

 

We disclose personal information as needed to comply with applicable law, legal process, to cooperate with law enforcement, and to make and defend legal claims.

 

We may also share personal information about consumers with third parties in connection with the sale or transfer of some or all of our assets, including personal information, in connection with merger, acquisition, reorganization, sale of assets, or bankruptcy of Orbee.

 

The following are the categories of personal information we may have collected in the last 12 months, information we currently collect, and information we may collect in the future. Each category includes (1) plain language descriptions of the type of information we collect; (2) common examples of the information; (3) the sources from where or from whom the information was collected; (4) our business purposes for collecting the information; and (5) third parties who we share the information with.

 

Contact Information:

 

Description: Information that helps specifically identify a natural person.

 

Examples: Consumer name, title, age, address, ZIP codes, email address, user ID number, social media accounts/names

 

Sources: Directly from you; dealer businesses that you direct to share information with us; our service providers who collect information on behalf of dealer businesses

 

Business Purposes: [please delete inapplicable purposes] account maintenance; advertising services; auditing consumer interactions; customer data management, protection, security; customer service; de-bugging and repair of data, information, and systems; detecting and protecting against fraud, security threats and incidents; improving dealer business websites and services; marketing research; marketing services; performing contract services on behalf of a dealer or service provider partner; quality assurance; sales support; short term use for customized user experience on websites

 

Third Parties: Not applicable

 

Online Activity

 

Description: Information about where, why, and how consumers interact with dealer business websites and online properties

 

Examples: Browsing history data, cookie data, consumer interaction with websites and advertisements, consumer Internet/electronic network activity, geolocation, IP addresses, search queries, social media activity

 

Sources: Directly from you; your browser or device; cookie data

 

Business Purposes: [please delete inapplicable purposes] account maintenance; advertising services; auditing consumer interactions; customer data management, protection, security; customer service; de-bugging and repair of data, information, and systems; detecting and protecting against fraud, security threats and incidents; improving dealer business websites and services; marketing research; marketing services; performing contract services on behalf of a dealer or service provider partner; quality assurance; sales support; short term use for customized user experience on websites

 

Third Parties: Not applicable [Orbee’s subcontractors for storing data and backend services?]

 

Commercial information:

 

Description: Information about vehicles and services you have purchased or are considering

 

Examples: Incentive offers accepted or requested by consumers; ownership records; vehicles or vehicle warranty services purchased, obtained, or considered

 

Sources: Directly from you; dealer businesses that you direct to share information with us; our service providers who collect information on behalf of dealer businesses

 

Business Purposes: [please delete inapplicable purposes] account maintenance; advertising services; auditing consumer interactions; customer data management, protection, security; customer service; de-bugging and repair of data, information, and systems; detecting and protecting against fraud, security threats and incidents; improving dealer business websites and services; marketing research; marketing services; performing contract services on behalf of a dealer or service provider partner; quality assurance; sales support; short term use for customized user experience on websites

 

Third Parties: Not applicable

 

Consumer Background Information:

 

Description: Demographic information about particular consumers

 

Examples: Education, employment information, professional information

 

Sources:  Directly from you; dealer businesses that you direct to share information with us; our service providers who collect information on behalf of dealer businesses

 

Business Purposes: [please delete inapplicable purposes] account maintenance; advertising services; auditing consumer interactions; customer data management, protection, security; customer service; de-bugging and repair of data, information, and systems; detecting and protecting against fraud, security threats and incidents; improving dealer business websites and services; marketing research; marketing services; performing contract services on behalf of a dealer or service provider partner; quality assurance; sales support; short term use for customized user experience on websites

 

Third Parties: Not applicable

 

[Please confirm the following are inapplicable and delete: Health/Medical information, including or health insurance information; Audio, electronic, visual, thermal, olfactory; Biometric information; Financial information, bank account number, credit history/report, credit card number, debit card number, or any other financial information; Characteristics of protected classifications (federal or state) e.g. gender, disability, race, religion; Inferences for consumer profiles reflecting consumer preferences, characteristics, predisposition, behavior, etc.]

 

SALES OF PERSONAL INFORMATION

 

We do not sell personal information that has been shared with us, nor have we sold any personal information in the past 12 months.

 

We do however share and disclose personal information with our own service providers and subcontractors as needed in order to perform services that consumers have authorized, and as our business partners have requested we provide.

 

In order to perform any requested services, we may have disclosed the following categories of personal information with our own service providers and subcontractors:

 

 

Under the Children’s Online Privacy Protection Act and the CCPA, we do not collect any personal information from any person under the age of 16.

 

None of our services, or our use of any consumer’s personal information is directed to, or meant for persons under the age of 16. We do not knowingly collect or solicit personal information from persons under 16 years of age. We will not collect, sell, or share any information about a consumer under the age of 16 without prior affirmative authorization.

 

YOUR RIGHTS UNDER THE CCPA

 

As a California resident, you may have certain rights under the CCPA regarding any personal information we may have collected about you. This section of the Notice explains those rights, and any exceptions that may apply to you.

 

If you are a California resident, please see the following section titled “Making a Verified Request” if you want to exercise any of your rights under the CCPA.

 

“Right to Know” Personal Information Collected, Disclosed, or Sold

 

You may have the right to request that Orbee provides you with information regarding what information we may have collected, used, disclosed, or sold in the previous 12 months. If you make such a request, and we can verify your identity, we will provide you the following:

 

 

Please keep in mind that giving access to your personal information to the wrong person is a serious matter that we take very seriously.

 

Please also note that we may only collect personal information about consumers because we work with dealership businesses who have collected the information and requested that we, as service providers, process that information on their behalf according to their instructions. This includes using your personal information for services that you may have asked them to perform.

 

For those reasons, unless we have collected your personal information ourselves (and not just received them from a dealer business whom you have instructed or authorized to share your personal information with us), we may deny a request unless we either receive confirmation from a business dealer that a verified request has been made, or the dealer directly requests we do so upon verification. In those cases, we will explain why we cannot fulfill your request.

 

In any event, you will be required to verify your identity, and you may not make a verified request to know and access your personal information more than twice in any 12 month period.

 

If we cannot fulfill a request, we will provide the reason why in our response to you.

 

“Right to Request Deletion” of Personal Information

 

You may have the right to request that Orbee delete any personal information that we may have about you, subject to certain exceptions under the CCPA.

 

If you make a request to delete your personal information, and we can verify your identity, we will delete (and direct our service providers and subcontractors to delete) any personal information we may have about you.

 

We may deny a request to delete personal information when it is necessary for us to maintain the personal information, including for the following reasons:

 

 

If we deny a request to delete your personal information, we will provide the reason why in our response to you.

 

When we fulfill a request to delete personal information, we will inform you how we deleted the personal information, which may be by de-identifying or aggregating the personal information.

 

“Right to Opt-Out” of the Sale of Personal Information

 

We do not sell personal information to third parties. If this changes in the future, we will give notice of updates to our Privacy Policy and this Notice, and you will have the right at any time to direct Orbee to stop selling some or all of your personal information to third parties.

 

The right to opt-out is separate from any direct marketing or advertising communications which dealer businesses request we send to you.

 

You do not need to submit a request to opt-out for any personal information which has been collected before this Notice goes into effect; you are considered to have automatically opted-out from the sale of any this personal information.

 

If you would like to opt-out of the sale of some or all of your personal information by dealer businesses to third parties, you should submit a verified request to the dealer who you collected your personal information.

 

If we are the service provider who assists any dealer business to fulfill a consumer’s request to opt-out of the sale of personal information, we will provide you a webform for submitting your request, as well as instructions for any alternate methods for opting-out.

 

Similarly, if you have already opted-out of the sale of your personal information by a dealer business, and we are the service provider who assists a dealer business to fulfill a transaction where the sale of your personal information is required as a condition of completing the transaction, we will send you notice of this with instructions on how to opt-in.

 

Any authorized agents who make a request to opt-out on your behalf will be asked to submit written proof that you have authorized the agent to make the request.  

 

Right to Non-Discrimination

 

You have the right not to receive discriminatory treatment for exercising any of your privacy rights under the CCPA. If you are a California consumer, this means Orbee will not discriminate against you for exercising any of your rights described in this Notice.

 

This means that we will not deny you goods or services, charge you different prices or rates for goods or services (including by offering discounts or charging penalties), provide you with a different level of goods or services to you, 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.

 

We do not offer any financial incentives or differences in services for retaining your personal information.

 

MAKING A VERIFIED REQUEST

 

Effective January 1, 2020, if you are a California resident and would like to exercise any of your rights under the CCPA regarding your personal information, you may make a request by calling us at (855) 949-2049, or by emailing us at privacy [at] orbee.com.

 

Please keep in mind that we need to verify your identity before we can process any request. We will not process any request to know or access personal information, or to delete any personal information, unless we confirm that the personal information relates to you. Similarly, if we have a good-faith, reasonable, and documented belief that a request to opt-out is fraudulent, we may deny the request and explain the reason why.

 

To verify your identity, we will ask you to provide personal information so that we can match you with any records we may have collected. We will only use your personal information in connection with your request and to comply with your request.

 

You do not need to have an account with us in order to make a verified request, but if you do, we may require you to submit your request through your account.

 

In any case, in order to verify your identity, we will ask you provide, at a minimum: your full name; email address; and phone number or mailing address. In the alternative, we may ask you to verify your identity through an independent third-party service.

 

Depending on the nature of the request you make, or if we suspect fraudulent or malicious activity in connection with a request, we may ask you to provide additional information as part of our verification process.

 

We may deny your request if we cannot verify your identity and will inform you of that fact.

 

If we can verify your identity, we will respond to your request within 45 days. However, we may require an additional period of time to process a request in certain circumstances. If an extension of time is needed, we will let you know within 45 days after receiving your request and the reason why the extension is needed.

 

AUTHORIZED AGENTS

 

You have the option to designate an authorized agent to submit a verified request on your behalf. However, we will deny any request from any agent unless they have been registered with the California Secretary of State, have your written permission to make a request, or have a valid power of attorney pursuant to California Probate Code. We may require that you verify your identity with us directly, and we may need to contact you directly to verify the request.

 

If you are an agent of a California consumer, we will deny any request if you cannot submit written proof that you have been authorized to act on behalf of a consumer.

 

CONTACT US

 

If you have any questions or concerns about this Notice, our privacy practices, want to make any request under this Notice, or if you are a consumer with a disability and would like to receive a copy of this Notice in an alternative format, please contact us by calling (855) 949-2049 or send us an email at privacy [at] orbee.com.