PayNearMe MT, Inc. (“PayNearMe”) CCPA Privacy Notice
Last Revised Date: February 4, 2020
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“PI”). PI does not include (1) Publicly available information from government records; (2) Deidentified or aggregated consumer information; or (3) Information excluded from the CCPA’s scope, including PI covered by certain sector-specific privacy laws, including the Gramm-Leach-Bliley Act.
In particular, we have collected the following categories of PI from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, address, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.|
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law||Age (40 years or older), national origin, or citizenship.||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, or other physical patterns, and 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.||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.||NO|
|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 student financial information.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, predispositions, and behavior.||YES|
We obtain the categories of PI listed above from the following categories of sources:
- Directly from you. For example:
- From forms you complete or by corresponding with us by mail, phone, email, or in-person;
- From products and services you purchase;
- Interacting with our Website and social media;
- Entering a giveaway or promotion; or
- Providing information in-person at industry events
- Indirectly from you. For example:
- From observing your actions on our Website.
- From third parties or publicly available sources: For example:
- Technical data from analytics providers;
- Advertising networks;
- Data from data brokers or aggregators including trade show organizers or other associations; or
- Data from publicly available sources such as internet search engines
Use of Personal Information
We may use or disclose the PI we collect for one or more of the following purposes:
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- 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 personalize your Website experience and deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message.
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your PI or as otherwise set forth in the CCPA.
We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your PI to a third party for a business purpose. When we disclose PI for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PI confidential and not use it for any purpose except performing the contract.
Disclosure of Personal Information for a Business Purpose
In the preceding twelve (12) months, PayNearMe has disclosed the following categories of PI for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category K: Inferences drawn from other personal information.
We disclose your PI for a business purpose to the following categories of third parties:
- Entities owned by, or who own, in whole or in part, PayNearMe.
- Service providers.
- Professional advisers including lawyers, bankers, auditors, and insurers.
- Regulators and other authorities we are required to report to.
Sales of Personal Information
In the preceding twelve (12) months, PayNearMe has not sold PI.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their PI. 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 PI over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of PI we collected about you.
- The categories of sources for the PI we collected about you.
- Our business or commercial purpose for collecting or selling that PI.
- The categories of third parties with whom we share that PI.
- The specific pieces of PI we collected about you (also called a data portability request).
- If we sold or disclosed your PI for a business purpose, a list disclosing our business purpose and identifying the PI categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B PI.
Deletion Request Rights
You have the right to request that we delete any of your PI that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your PI 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 PI, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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 or regulatory obligation.
- Make other internal and lawful uses of that information compatible with the context in which you provided it.
We do not provide these deletion rights for B2B PI.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Filling out our CCPA Request Form; OR
- Calling us at (888) 317-0038.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your PI. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability two (2) times within a 12-month period. The verifiable consumer request must:
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it; and
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PI or an authorized representative, which may include:
- Full Name;
- State of Residence;
- Email; and
- Transaction information (i.e. Biller Name, Biller Account Number, Transaction Date, and Payment Amount).
We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you.
We will only use PI 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.
We will deliver our written response electronically by email. 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 email to you the PI we collect about 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.
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.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your PI’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide any financial incentives:
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 PI to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
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 post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website and PayNearMe features following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which PayNearMe collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to fill out our web form or contact us at:
Phone: (888) 317-0038
PayNearMe MT, Inc.
5201 Great America Parkway, Suite 510
Santa Clara, CA 95054