Effective Date: January 1, 2020
Last Updated on: July 1, 2022
This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information“) from some of its requirements.
Children’s Online Privacy Protection Act Compliance
Our Websites are not intended for children under 13 years of age. No one under age 13 may provide any personal information or other information to or on the Websites. We do not knowingly collect personal information or other information from children under 13. If you are under 13, do not use or provide any information on our Websites or on or through any of their features or register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of our Websites or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received any personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 2050 Main St., 7th Floor, Irvine CA 92614 or email us at firstname.lastname@example.org.
Information We Collect
Our Websites collect 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.
- 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), clinical trial data, or other qualifying research 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 Websites have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, Internet Protocol address, email address, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
Some personal information included in this category may overlap with other categories.
|C. 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|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. 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|
|F. Internet or other similar network activity.||Browsing history, device data, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. 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|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Our Websites obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or product inquiries you send to us.
- Directly from you. For example, from forms you complete or product inquiries you send to us.
- Indirectly from you. For example, from observing your actions on our Websites through automatic data collection technologies such as web browser cookies.
- Service providers. For example, our customer contact representatives
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following 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.
- To provide, support, personalize, and develop our Websites, products, and services.
- To create, maintain, customize, and secure your account with us.
- 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 Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Websites, 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 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 about our Website users 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.
Sharing Personal Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
We do not sell personal information and in the preceding twelve (12) months, we have not sold personal information. For more on your personal information sale rights, see the Personal Information Sales Opt-Out Rights section below.
|Personal Information Category||Category of Third-Party Recipients|
|Business Purpose Disclosures||Sales|
|A: Identifiers.||Ponycanyon USA Inc. Affiliates; Service Providers.||None|
|B: California Customer Records personal information categories.||Ponycanyon USA Inc. Affiliates; Service Providers.||None|
|C: Protected classification characteristics under California or federal law.||None||None|
|D: Commercial information.||None||None|
|E: Biometric information.||None||None|
|F: Internet or other similar network activity.||None||None|
|G: Geolocation data.||None||None|
|H: Sensory data.||None||None|
|I: Professional or employment-related information.||None||None|
|J: Non-public education information.||None||None|
|K: Inferences drawn from other personal information.||None||None|
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address:
email@example.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
California Consumers’ Rights and Choices
The CCPA provides California consumers (California residents) with specific rights regarding their personal information. This section describes California consumers’ CCPA rights and explains how to exercise those rights.
Right to Know 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 (the “right to know”). Once we receive your request and confirm your identity (see the Exercising Your Rights to Know or Delete section below), 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.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased, if any; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- The specific pieces of personal information we collected about you (also called a data portability request).
We do not provide a right to know or data portability disclosure for B2B personal information.
Right to Delete
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 (the “right to delete”). Once we receive your request and confirm your identity (see the Exercising Your Rights to Know or Delete section below), we will review your request to see if an exception allowing us to retain the information 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, 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 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for B2B personal information.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by either:
Calling us at TOLL-FREE NUMBER.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent, you must provide your agent your signed, written consent to make a request to know or delete your personal information on your behalf. We may contact you to verify such consent has been made.
You may also make a request to know or delete on behalf of your child by providing written, official verification of your status as your child’s parent or legal guardian. You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
- Verification of your name, email address, phone number, zip code or other identifying information.
- Official documents verifying your legal status as your child’s parent or legal guardian.
- 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.
You do not need to create an account with us to submit a request to know or delete.
We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your personal information sale opt-out rights, see the Personal Information Sales Opt-Out Rights section below.
Response Timing and Formate
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us at firstname.lastname@example.org.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period 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, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your 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 your verifiable consumer request unless it 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.
Personal Information Sales Opt-Out Rights
We do not sell your personal information. However, to the extent that our use of your personal information to provide our Website, products and services to you may be considered a “sale” under the CCPA, and if you are age 16 or older, you may submit a request to “opt-out” by using the link provided below. We do not sell the personal information of consumers we actually know are less than 16 years old. Please note that some uses of personal information may not be considered “sales” under the CCPA and certain exemptions may apply under the CCPA.
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:
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales, if any.
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.
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.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights and Disclosures
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, if any. To make such a request, please send an email to email@example.com.
California Do Not Track Disclosure
Third parties may track your online activities and collect personally identifiable information about you across time or across websites, including our Websites. We do not control third parties’ tracking, collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way, and we encourage you to contact such third parties for further information.
Our Websites may use third-party plug-ins to enable Website features and functionality, and to enable you to easily share information with others on social media and/or enjoy multimedia content on the Websites. These third-party multimedia and social media plug-ins allow the third-party multimedia plug-in provider to collect information about your visits to the Websites and/or allow the social media website provider to share information about your visits to the Websites. Ponycanyon USA Inc. does not control any of the content from social media plug-ins or multimedia plug-ins or how your information is used by such plug-ins. For more information about plug-ins, you should refer to those websites’ policies.
We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post a notice on our Websites and update the Policy’s effective date at the top of this Policy. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which Ponycanyon USA Inc. collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, if applicable, please do not hesitate to contact us at:
Phone: TOLL-FREE PHONE NUMBER
PONYCANYON USA Inc.
Attn: CONTACT DEPARTMENT NAME
2050 Main St., 7th Floor, Irvine CA 92614
If you need to access this Policy in an alternative format due to having a disability, please contact firstname.lastname@example.org and/or PHONE NUMBER.