CCPA Addendum

CCPA Addendum

Effective Date: 1 January 2021

Last Reviewed on: 1 January 2021

This Addendum supplements the MessageMedia Privacy Policy as well as any other agreement you have with us, such as the MessageMedia Terms of Service or other agreement for the use of our services. Any terms we use in this Addendum that are not defined here will have the meanings we give them in those agreements.

Introduction

This section applies 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.

In this Addendum, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is de-identified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as the Health Insurance Portability and Accountability Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Financial Modernization Act or the Driver’s Privacy Protection Act of 1994. This section does not apply to information relating to our employees, contractors, applicants, and other personnel.

For the purposes of the CCPA, we act as a service provider for our customers. For our customers, we act a business, which means we may use data from our customers for our own business purposes.

Regardless of whether we are acting as a business or a service provider, we process, retain, use, and disclose personal information only as necessary to provide the services we have agreed to provide. We use the personal information we have strictly for business purposes. Regardless, we will not:

• sell your personal information or your end users’ personal information;
• process your personal information for any commercial purpose other than providing the services; or
• retain, use, or disclose your personal information outside of the scope of the agreement we have with you.

Information We Collect

MessageMedia obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our website.

CCPA Rights

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

• The Right to Know: Upon verification of your identity, you have the right to know about our collection and use of your personal information over the past 12 months. Information such as:
  • 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 Receive a Copy of Your Data: You may request the categories and specific pieces of information (if any) we have about you, the categories of personal information that we have disclosed about you for a business purpose, and the categories of third parties with which we have shared personal information in the previous 12 months.
• The Right to Request Deletion: You may request deletion of the personal information we have collected from you, subject to certain exceptions. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain website functions that require your personal information to operate. Deleting your personal information will not cancel subscriptions you have purchased.
• The Right to Opt Out of Personal Information Sales to third parties In the preceding twelve months (12), MessageMedia has not sold personal information.
• The Right to Non-Discrimination: California law prohibits discrimination against you for exercising your privacy rights.

Note: Where certain technologies rely on your data to provide messaging services, the absence of that data may impact the operation of our messaging services.

How to Exercise your Rights

To exercise any of the above rights, please contact us as follows:

• Email: support@messagemedia.com
• Phone: 1866 751 8337

Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable 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.
• 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.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

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 verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 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 the verifiable consumer request’s receipt. 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.

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. To make such a request, please send an email to support@messagemedia.com or write us at:

Privacy Officer

MessageMedia USA Inc.

1615 Platte Street, Floor 2,
Denver, CO 80202

Phone: 866-751-8337

E-mail: privacyofficer@messagemedia.com