Effective January 1, 2020
Hibu Inc. (“Hibu”, “we”, “us” or “our”) is providing this CCPA Privacy Notice for California Consumers (“CCPA Privacy Notice”) to notify you of our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”) and to explain the rights available to you under the CCPA. This Notice applies to Personal Information that we collect from Consumers. “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Consumer” means a person who is a California resident. For purposes of this CCPA Privacy Notice, when we refer to “you” or “your” we mean a Consumer.
This Notice does not apply with respect to (i) information we collect from our employees, independent contractors or job applicants; or (ii) information we collect in the course of transacting, communicating or providing services to our customers (with the exception of the right to opt out from the “sale” of Personal Information as described below) because all of our customers are business-to-business customers. (See Exemptions below.)
We have collected the following categories of Personal Information from Consumers within the last twelve (12) months:
|A. Identifiers||Name, 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))||Name, postal address, telephone number||Yes|
|C. Protected classification characteristics under California or federal law||Age (40 years or older), race, color, ancestry, national original, citizenship, religion or creed, marital status||No|
|D. Commercial information||Records of 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, such as fingerprints, faceprints, voiceprints and facial recognition||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 or movements||No|
|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||No|
|K. Inferences drawn from||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes||No|
Personal Information does not include deidentified or aggregated consumer information.
We obtain the categories of Personal Information listed above from the following categories of sources:
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
Sharing of Personal Information for a Business Purpose
Hibu may share your Personal Information with third parties for a business purpose, including in connection with the marketing or fulfillment of our products and services. When we disclose Personal Information for a business purpose, we require the recipient not to use such Personal Information other than for the stated business purpose.
In the preceding twelve (12) months, we have shared the following categories of Personal Information with our service providers and third-party advertising partners for a business purpose:
Category A: Identifiers.
Category D: Commercial Information
Category F: Internet or other similar network activity
Sale of Personal Information
Under the CCPA, certain transfers or sharing of Personal Information may constitute “selling” when such Personal Information is disclosed to a third party for monetary or other valuable consideration. In the preceding twelve (12) months, Hibu may be considered to have “sold” the following categories of Personal Information to certain social media services and search engines by using cookies and other tracking methods to collect information about a Consumer’s interaction with our websites, ads, videos or other media for purposes of retargeting advertising to such Consumers:
Category A: Identifiers
Category F: Internet or other similar network activity
The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights.
Information Access Rights
You have the right to request that Hibu disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and verify your request (see Exercising Your Information Access and Information Deletion Rights), we will disclose to you:
Information Deletion Rights
You have the right to request that Hibu delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request (see Exercising Your Information Access and Information Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the Personal Information, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to Opt Out
The CCPA requires businesses that “sell” Personal Information to allow Consumers who are 16 years of age or older to direct us not to sell your Personal Information. (See Exercising Your Right to Opt-Out from Sale of Personal Information.) We do not sell the Personal Information of Consumer we actually know to be less than 16 years of age unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized such sale.
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
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 the value of your Personal Information and will contain written terms that describe the incentive’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
To exercise the Information Access and Information Deletion rights described above, please submit a verifiable request to us by either of the following methods:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable request related to your Personal Information. You may also make a verifiable request on behalf of your minor child.
You may make a verifiable request for information access not more than twice within any 12-month period. The verifiable request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identify or authority to make the request and confirm the Personal Information related to you.
Making a verifiable request does not require you to create an account with us. However, if you have an account with us, we may require you to log-in to your account in order to verify your identify or authority to request access to or deletion of your Personal Information.
We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable request within forty-five (45) days of our receipt of the request. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the date our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For requests to access your Personal Information, 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.
The CCPA provides exemptions, through December 31, 2020, from certain of the requirements under the CCPA, including as to the following categories of Personal Information:
i) The business-to-business exemption:
“personal information reflecting a written or verbal communication or a transaction between the business and the consumer, where the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government agency and whose communications or transaction with business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from such company, partnership, sole proprietorship, nonprofit or government agency”
ii) The employee / applicant / contractor exemption:
“(A) Personal information that is collected by a business about a natural person in the course of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the natural person’s personal information is collected and used by the business solely within the context of the natural person’s role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or a contractor of that business.
(B) Personal information that is collected by a business that is emergency contact information of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of having an emergency contact on file.
(C) Personal information that is necessary for the business to retain to administer benefits for another natural person relating to the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of administering those benefits.”
For any questions or concerns about this Notice or about Hibu’s privacy practices, please contact us at Privacy.OfficerUS@hibu.com.