California Consumer Privacy Act (CCPA)

Notice to California Customers

Last updated March 30, 2021

General Background

The purpose of this notice is to provide information to California residents and to notify them of their rights under California law. This section is not applicable to and may not be relied upon by anyone besides California residents. The California Consumer Privacy Act (“CCPA”) applies to certain businesses who process personal information of California residents. For purposes of this notice “personal information” has the meaning given in the CCPA, but does not include information exempted from the scope of the CCPA. The CCPA requires businesses subject to the law to provide disclosures to California consumers about the collection, use and sharing of “personal information” of such consumers. Businesses must disclose the sources, business purposes and categories of personal information collected and how the personal information is shared with or sold to other companies. In addition, businesses must provide consumers with the right to opt out from the sale of their personal information. Under the CCPA, California residents have the right to access, delete and receive a copy of their personal information and opt out from the sale of personal information by a business. California residents also have the right not to be discriminated against by Rescale for any exercise of these rights including the right not to be denied goods or services for exercising these rights.

Exercising Rights

California residents have the right to request that we delete the personal data that we have collected about the resident during the twelve (12) months preceding the request. Please note that there are circumstances under which such a right of deletion does not apply, such as where it is reasonable for us to maintain the personal information to: complete transactions for which the information was collected or perform a contract with you, upholding legal obligations, maintaining security and existing functionality, protecting free speech, conducting scientific, historical or statistical research and allowing for internal, expected and lawful uses. In order to exercise any rights including relating to deletion or disclosure, please contact us at legal@rescale.com or toll free at 1-855-737-2253.

Minors

If a business sells personal information of California consumers under the age of 16, CCPA requires that the business obtain opt-in consent regarding such sale from the parents of minors under 13 years of age, and from the minors themselves if they are between 13 and 16 years of age. Rescale does not sell personal information of minors subject to California law.

Categories, Sources, Purposes and Third Parties.

  1. Categories

    Resale collects, uses or shares the following categories of CCPA personal information with respect to California consumers: (a) Identifiers, such as name, email, IP address, credit card and other payment information, and other similar identifiers; (b) Commercial Information, such as the Products and Services considered or purchased; (c) Internet or other electronic network activity information, such as interactions with the Rescale Site and Services; and (d) Geolocation data, such as IP addresses.

  2. Sources

    Rescale obtains personal information of California consumers from such consumers themselves, as well as from third parties, such as partners and other service providers who have a relationship with such consumers.

  3. Third Parties

    Rescale may disclose the categories of information described above with the following types of third parties:

    1. Service Providers, including vendors, consultants and other service providers who perform services or functions on Rescale’s behalf, for business purposes. For example, Rescale’s service providers include companies who support us with consulting, software maintenance, communications, analytics, security, license compliance, user verification and payment processing. Our service providers process such information subject to their contracts with us that restrict their ability to use a California consumer’s information, and such information may be aggregated, anonymous or de-identified.

    2. Platform/Services. To connect or share information publicly with service providers or with your contacts and authorized users on such services or platforms.

    3. Business Partners and Negotiations, including resellers, partners and integrators with whom you might interact in connection with your relationship for those purposes described in either Rescale’s privacy policy or their privacy policies and parties related in connection with the negotiation and sale of a business transaction including any change in control of Rescale such as by operation of law, sale of assets or reorganization.

    4. Legal Related Persons, including when Rescale is required by law to provide information and may include law enforcement or other legal parties when we have a reasonable belief in good faith that such disclosure is required to prevent illegal conduct and/or protect the safety of property and individuals including the consumers and the public.

      Rescale may also disclose your personal information to other parties to the extent you have consented or directed us to do so for your requested or permitted purpose. In addition, we may share aggregate, anonymous or de-identified information regarding the use of our Products and Services with third parties for analytics and marketing purposes in which case, such information will not identify the personal information of a user. Some personal information transfers might not be considered “sales” or might be exempted under the CCPA as described above.

Verification of Requestor’s Identity and Agents

Any requests may be subject to verification of the requestor’s identification. The method Rescale uses to verify your identify might differ depending on the manner in which your data was collected and may require that you provide sufficient personal information as may be necessary to match you to our records, as the case may be. We will verify and respond to your request consistent with applicable law, taking into account the nature and sensitivity of the information, in order to protect against fraudulent requests. If you maintain a password protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your personal information. You may be entitled to use an authorized agent to exercise your rights on your behalf, and if you choose to do so, such an agent may contact us in the manner as described above as applies to you and such agent will also be required to both verify their identity and their authority to act on your behalf, which may include a request for a power of attorney to authorize your agent. If we receive a request from such an agent, Rescale may notify you and require that you independently verify such agent’s identity before fulfilling such authorized agent’s request. We may retain certain information relating to your CCPA request to show compliance with the CCPA and to improve the privacy request process. Rescale may ask that you authorize the sale of your personal information twelve (12) months after you opt out.