Introduction. In this section, we provide information for residents of California, Virginia, Colorado, Connecticut, Utah, and Nevada, as may be required under applicable privacy laws of such states from time to time (“State Privacy Laws”). For instance, the California Consumer Privacy Act (“CCPA”), as amended by the California Consumer Privacy Rights Act (“CPRA”), and the Virginia Consumer Data Protection Act (“VCDPA”), require that we provide their respective residents certain specific information about how we handle their personal information. Because certain State Privacy Laws require that we disclose specific information about how we handle certain personal information collected about residents of their states, the scope of this section may be different than the scope of the rest of our privacy policy.
Definitions of key terms. Under State Privacy Laws, subject to certain exceptions, “personal information” is generally any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular resident or household in the applicable state.
A “Sale” of personal information under State Privacy Laws such as CCPA and VCDPA may occur any time a business sells or makes available any personal information to a third party for monetary or other valuable consideration.
A “Share” of personal information under the CPRA generally means disclosing, making available or communicating personal information by a business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
“Cross-context behavioral advertising” means the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s activity across businesses, distinctly branded websites, applications, or services, other than the business, distinctly branded website, application, or service with which the consumer intentionally interacts.
“Sensitive information” under State Privacy Laws is generally defined as personal information that reveals sensitive information about a consumer, such as social security, driver’s license, state identification card or passport numbers, account log-in, financial account, debit card or credit card numbers in combination with any required security or access code, password or credentials allowing access to an account, precise geolocation, data revealing racial or ethnic origin, religious beliefs, physical or mental health diagnosis, sexual orientation, or citizen or immigrant status, as well as processing of genetic or biometric data for identification, and personal data collected from a known child.
Rights under applicable laws. Depending on where you reside, you may have additional legal rights with respect to your information under State Privacy Laws, beyond those described in the previous sections of this Privacy Policy. These rights are described below. While some of these rights apply generally, certain rights apply in limited cases. Consistent with State Privacy Laws, this Supplemental Notice provides a way to exercise such rights for residents of the above states. This section does not apply to any matters exempted from State Privacy Laws during the period of exemption, nor to matters covered by an applicable law prior to the relevant portion of the applicable State Privacy Laws going into effect.
Right to Know
You may have the right, depending on your jurisdiction, to request the following about the personal information we have collected about you during the past 12 months:
- The categories and specific pieces of personal information we have collected about you;
- The categories of sources from which we collected the personal information;
- The business or commercial purpose for which we collected the personal information;
- The categories of third parties with whom we shared the personal information;
- The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose;
- The specific pieces of personal information about you that we collected or disclosed to third parties for a business purposes;
- The right to receive requested information in a readily usable format if provided electronically; and
- The right to update or correct any personal information which is out of date or incorrect.
Right of Deletion
You have the right to ask us to delete the personal information we have collected from you, subject to exceptions the law provides.
For example, to the extent permitted by State Privacy Laws, we may deny a deletion request if retaining the information is necessary for us or our service provider(s) to: (a) 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; (b) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; (c) debug products to identify and repair errors that impair existing intended functionality; (d) protect our legal interests, to defend our rights in a case of potential, threatened, or actual litigation, and to enforce our rights; (e) comply with a legal obligation and/or (f) fulfil internal and lawful uses that are compatible with the context in which you provided the information.
Right of Non-Discrimination
You have the right to not be discriminated against if you exercise these privacy rights. We will not discriminate against you, deny, charge different prices for, or provide a different quality of goods or services if you choose to exercise these rights.
Sales and/or Sharing of Personal Information
Under certain State Privacy Laws, you have the right to ask whether we Sell (and/or Share, if you reside in California) your personal information to third parties. We do not Sell or Share your personal information as such terms are defined under State Privacy Laws.
Right to Limit Use & Disclosure of Sensitive Personal Information
We do not collect, use, or disclose information we believe to be sensitive under State Privacy Laws. In the context of the processing of information related to Job Applicants, we may process sensitive information for the purposes indicated in the relevant section in accordance with the provisions of State Privacy Laws.
Notice at Collection
At or before the point of collection, notice must be provided to the individual of the categories of personal information collected and the purposes for which such information is used.
Exceptions to These Rights
The law provides for certain exceptions to the rights described above. We reserve the right to avail ourselves of these exceptions where applicable.
How to Exercise Your Rights.
If you live in a relevant jurisdiction and would like to send us a request to exercise one of your above rights, you may do so by sending an email to [email protected].
You may designate an authorized agent to make a request on your behalf as permitted under law, though before we process that request, we will require that you provide the authorized agent written permission to do so and verify your identity directly with us.
To help protect your privacy and maintain security, we may take steps where required to verify your identity before granting you access to your personal information or complying with your request. We may not be able to respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
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.
Notice of Categories of Personal Information: Certain terms used in this section have the meanings given to them in the CCPA, as amended by the CPRA. The information reflects our current practices, and our practices during the past 12 months. We collect the following categories of personal information, and may have collected any or all of this information in the preceding 12 months:
If you are an Advertiser or Publisher:
- identifiers such as name, postal address, email address, account name, social security number, driver’s license number;
- categories described in the CCPA, such as telephone number, bank, credit card number or other financial information, and
- commercial information, including records of Awin products or services purchased, obtained, or considered;
- internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet web site, application, or advertisement.
If you are an Awin website visitor:
- where you have chosen to provide this information to us, identifiers such as name, postal address, email address;
- commercial information, including records of Awin products or services purchased, obtained, or considered;
- internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet web site, application, or advertisement.
If you are a job applicant:
- identifiers such as name, postal address, email address, account name, social security number, driver’s license number and passport number;
- categories described in the CCPA, such as telephone number, education, employment;
- internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet web site, application, or advertisement;
- professional or employment-related information;
- education information, defined as information that is not publicly available personally identifiable information (as defined in 20 U.S.C. § 1232g, 34 C.F.R. Part 99).
If you are an end user:
- identifiers;
- commercial information, including records of products or services purchased, obtained, or considered;
- internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet web site, application, or advertisement.
Sources and Use of Personal Information. We collect Personal Information from the sources mentioned in this Privacy Policy. We use Personal Information for the business and commercial purposes listed in this Privacy Policy.
CCPA Metrics for 2023
Pursuant to CCPA Regulation 999.317(g), Awin informs you of the following metrics with respect to the year 2023. Note: The foregoing numbers are based upon requests received from all individuals and not only from “consumers” as defined under the CCPA.
a. In 2023, the number of requests to know that Awin received, complied with in whole or in part, or denied: [8 received, 8 complied with, and 0 denied].
b. In 2023, the number of requests to delete that Awin received, complied with in whole or in part, or denied: [143 received, 143 complied with, and 0 denied].
c. In 2023, the median number of days within which Awin substantively responded to requests to know, requests to delete, and requests to opt-out: [20 days].
