CALLECTIVE ENERGY STATEMENT OF CALIFORNIA CONSUMER PRIVACY ACT (CCPA) COMPLIANCE
At Callective Energy (“CALLECTIVE”), we take your privacy seriously. CALLECTIVE’s general privacy policies are published on its website at https://www.callectiveenergy.com/terms/ This Statement of CCPA Compliance (the “Statement”) provides additional information regarding how CALLECTIVE complies with the California Consumer Privacy Act (CCPA). If you are a CALLECTIVE customer, by using or accessing our website or services you acknowledge that you accept the practices and policies outlined in this Statement. For California-based consumers, this Statement provides the information for you to exercise your privacy rights under the CCPA.
About Personal Information and Privacy
This CCPA Addendum (“Addendum”) forms part of the Terms of Service or other written or electronic agreement(s) between CALLECTIVE and its customers for the provision of products and/or services by CALLECTIVE to its Customers (the “Agreement”). This Addendum shall reflect the parties’ agreement with regard to the processing of Personal Data (as defined below) in the performance of the Agreement. By executing this Addendum, Customer enters into this Addendum on behalf of itself and in the name and on behalf of its Affiliates. For the purposes of this Addendum, and except where indicated otherwise, the term “Customer” shall mean the organization entering into this Addendum and shall include its Affiliates, as applicable. Customer and CALLECTIVE may be referred to in this Addendum individually as a “party” or jointly as the “parties.”
HOW TO EXECUTE THIS ADDENDUM:
To execute this Addendum, Customer must: Download the PDF version of the Addendum for completion. Fill in the information requested in the signature block and any areas requesting Customer’s information; and Send the signed Addendum to Callective Energy by email to CustomerService@callectiveenergy.com indicating Customer’s full legal name and whether Customer is a current customer or prospective customer of CALLECTIVE. If accepted, CALLECTIVE will return the fully executed Addendum to Customer. This Addendum will not become effective until: (i) the Addendum is fully executed and returned to Customer; and (ii) the parties have entered into an Agreement for CALLECTIVE’s products and/or services.
Terms used but not defined in the Addendum, such as “business purpose”, “commercial purpose”, “consumer”, “processing”, “business”, “sell”, “selling”, “sale” and “verifiable consumer request”, will have the same meaning as set forth in California Civil Code Section 1798.140. Bracketed numbers are references to related sections of the California Civil Code. In addition, capitalized terms used in the Addendum shall have the following meanings:
“CCPA” means the California Consumer Privacy Act, California Civil Code Sections 1798.100-1798.199.
“Personal Information” means “personal information” as defined in the CCPA and within the scope of the CCPA.
“Services” means any services to be performed by CALLECTIVE under the Agreement.
The Addendum applies to the processing of Personal Information within the scope of the CCPA in the course of providing Services to the Consumer and/or Company.
CALLECTIVE makes the commitments in the Addendum effective on the later of (a) January 1, 2020, the operative date of the CCPA [1798.198], or (b) the date CALLECTIVE begins to process Personal Information on behalf of Consumer and/or Company.
CALLECTIVE is prohibited from: (a) selling the Personal Information; (b) retaining, using, or disclosing the Personal Information for any purpose other than for the specific purpose of performing the Services or as otherwise permitted by the CCPA, including retaining, using, or disclosing the Personal Information for a commercial purpose other than providing the Services, and (iii) retaining, using, or disclosing the Personal Information outside of the direct business relationship between the CALLECTIVE and Customer and/or Company. [1798.140(v)&(w)]
CALLECTIVE certifies that CALLECTIVE understands the restrictions in Section 4 and will comply with them. [1798.140(w)]
If CALLECTIVE is contacted by a person with a request, inquiry or complaint regarding their Personal Information in connection with the Services, CALLECTIVE shall promptly notify Customer and/or Company of such request, inquiry or complaint. CALLECTIVE shall not respond to such request, inquiry or complaint directly, unless otherwise required by applicable law. Upon Customer’s and/or Company’s request, CALLECTIVE shall provide Customer and/or Company with reasonable cooperation, assistance, information and access to Personal Information in its possession, custody or control as is necessary for Customer and/or Company to respond within any timeframe required by the CCPA to any verifiable consumer request to disclose Personal Information in a readily usable format or delete Personal Information pursuant to Sections 1798.100-1798.105 of the California Civil Code. [1798.100-1798.105] If CALLECTIVE intends to rely on an exception under Section 1798.105(d), CALLECTIVE shall notify Company within the same timeframe of the intent.
CALLECTIVE shall implement and maintain reasonable security procedures and practices https://www.callectiveenergy.com/terms-of-use/ appropriate to the nature of the information, to protect any “personal information” as defined in California Civil Code Section 1798.81.5 from unauthorized access, destruction, use, modification, or disclosure. [1798.81.5(c), 1798.150]
Changes in Law
If any variation is required to this Addendum as a result of a change in the CCPA, then either party may provide written notice to the other party of that change. The parties will discuss and negotiate in good faith any necessary variations to this Addendum to address such changes.
Should any provision of this Addendum be invalid or unenforceable, then the remainder of this Addendum shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
How We Use Your Personal Data
We use Personal Data to provide services to our clients for the following purposes:
1. To personalize advertisements, offers, and/or website content and communications based on your preferences.
2. To improve and develop the Services, including testing, research, analysis, and product development.
3. To protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services.
4. To comply with our legal or contractual obligations and resolve disputes.
5. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
6. For any other business purpose stated as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes.
How We Share Your Personal Data
Disclosures of Personal Data for a Business Purpose
We disclose your Personal Data to our clients for the following business purposes:
1. Short-term, transient use of Personal Data that is not used by another party to build a consumer profile or otherwise alter your consumer experience outside the current interaction.
2. Performing services on our behalf, including; maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
3. Undertaking internal research for technological development and demonstration.
Personal Data of Children
California Resident Consumers’ Personal Data Rights
If you are a California resident, you have the rights outlined in this Statement. As given earlier in this Statement, CALLECTIVE does not directly collect or control your Personal Data for the purposes of exercising your rights under the CCPA. If you have any questions about this section or any issues regarding your rights, please contact CALLECTIVE at ‘webmaster “at” CALLECTIVE.com’.
Under the CCPA, and other similar privacy laws, you have the following rights regarding your Personal Data:
1. To obtain a summary of your Personal Data.
2. To obtain a copy of your Personal Data information.
3. To have your Personal Data deleted.
4. To opt out of the sale of your Personal Data.
5. To prevent disclosure of your Personal Data to third parties.
6. Any other Personal Data rights as provided for in the California Consumer Privacy Act.