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Privacy Notice for California Residents

Last modified June 29, 2020

 

This Privacy Notice for California Residents supplements the information contained in Aeris Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We, Aeris Communications, Inc., adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), the Regulations proposed by the California Attorney General in 2019, and any terms defined in the CCPA have the same meaning when used in this notice.

 

Information We May Collect. Aeris may 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 devices (“personal information”). In particular, Aeris has collected (or not collected, as indicated below) the following categories of personal information from its consumer within the prior twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, unique personal identifier, online identifier, postal address, email address, account name, or other similar identifiers.

Yes

B. Personal information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, telephone number, education, or medical information. Some personal information included in this category may overlap with other categories

Yes

C. Protected classification characteristics under California or federal law.

Age, medical condition, physical or mental disability, and gender

No

D. Commercial information.

Records of products or services purchased, obtained or considered.

Yes

E. Biometric information.

Behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as sleep, health or exercise data.

No

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Yes

G. Geolocation data.

Physical location or movements.

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.

Yes

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, behavior, and attitudes.

No

 

We obtain the categories of information listed above from the following sources:

  • Direct interactions. You may give us your information by corresponding with us by mail, phone, or email. This includes, but may not be limited to, personal data you provide when you create an account online or engage with customer service.
  • Automated technologies. As you interact with our website, we may automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
  • Personal Information We Obtain from Other Sources. In order to enhance our ability to provide relevant marketing, offers and services to you, we obtain information about you from other sources, such as joint marketing partners, social medial platforms, as well as from other third parties.

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 provide the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry.
  • 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 send administrative information to you. For example, information regarding the Aeris sites and changes to our terms, conditions, and policies.
  • To send you marketing communications that we believe may be of interest to you.
  • For our business purposes, such as data analysis, audits, enhancing, improving or modifying our websites and services, and operating and expanding our business activities.

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 of Personal Information. We may disclose your personal for a business purpose. When we disclose personal information, we require that the recipient both keep that personal information confidential and not use it for any purpose except for the business purpose. We share your personal information with the following:

  • With our affiliates and any company owned or controlled by Aeris.
  • With service providers assisting us in carrying out the transactions or services offered through Aeris websites.
  • When required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of Aeris’ rules for use of the Aeris Service, or to protect and defend our rights or property.

 

Sale of Personal Information. In the preceding twelve (12) months, we had not sold any categories of personal information. Aeris does not sell and will not sell personal information to third parties.

 

Your Rights and Choices. The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights. 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 twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for 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.
  • The specific pieces of personal information we collected you.
  • If we sold or disclosed your personal information for a business purpose, we will provide two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights. 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. 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.

 

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.).
  • 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 information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • 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.

 

Exercising Your Data Rights. To exercise your privacy rights described above, please submit a request to us via email at CCPA@aeris.net or write to us at:

 

Aeris Communications, Inc.

2099 Gateway Place

Suite 600

San Jose, CA 95110

ATTN: General Counsel

 

Only you, or a personal registered with the California Secretary of State that you authorize to act on your behalf, may make a consumer request related to your personal information. You may only make a consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and
  • 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format. We endeavor to respond to a consumer request within forty-five (45) days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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 the consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access requests, we will deliver the data in a readily, useable format.

 

Non-Discrimination. 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. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

Changes to Our Privacy Notice. We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will pose the updated notice on the Website and update the notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.