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CCPA Supplement

Supplemental Notice for California Residents

Effective June 2nd, 2020

This Supplemental Privacy Notice for California Residents ("Supplemental Notice") supplements the Pixels Privacy Policy found here and applies to you if you reside in California. This Supplemental Notice is adopted to comply with the California Consumer Privacy Act of 2018 ("CCPA"). It also addresses requirements of certain other California laws. Capitalized terms used without definition shall have the meanings ascribed to them in the Privacy Policy, and other undefined terms shall have the meanings ascribed to them in the CCPA.

1. Information that We Collect

This Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked to a consumer or personal device. For purposes of this Supplemental Notice, such information constitutes personal information.

A. Personal Information Collected - Below are categories of personal information recognized by the CCPA along with examples (provided by the CCPA) of types of personal information in each category:

Identifiers - real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers

CA Customer Records Statute Categories - name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information

Protected Class Characteristics - age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)

Commercial Information - records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

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, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data

Internet / Network Activity - browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

Geolocation Data - physical location or movements

Security Data - audio, electronic, visual, thermal, olfactory, or similar information

Professional / Employment-Related Information - current or past job history or performance evaluations

Non-Public Education Information - education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records

Inferences Drawn from Other Personal Information - profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

B. Exclusions - Personal information does not include publicly available information from government records, de-identified or aggregated consumer information, and information excluded from the CCPA’s scope (such has HIPAA–protected information and information protected by the Gramm-Leach Bliley Act).

C. Sources - We obtain Personal Information from you directly when you provide Pixels with the information, from you indirectly when you interact with the Site, and from you when you make electronic communications to Pixels.

2. Use of Personal Information

Pixels uses the personal information it collects in the ways described in Section 5 of the Privacy Policy (link). Pixels may use the personal information for commercial purposes as well as business purposes.

3. Disclosure of Personal Information

A. Disclosure - Pixels uses the personal information it collects in the ways described in Section 6 of the Privacy Policy (link). Pixels has shared or disclosed Personal Information within the past twelve months as described below. The following chart identifies the categories of personal information recognized by the CCPA and collected by Pixels, provides examples of the types of personal information within each category collected by Pixels, indicates whether Pixels has collected such categories of personal information during the past twelve months, the source of such personal information, how Pixels uses such personal information, and to whom Pixels has disclosed such personal information within the past twelve months:

Category (Personal Information) Source Business Purpose Category (Recipient)
Identifiers
  • provided directly by you
  • direct interaction with you
  • technologically gathered from you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners
CA Customer Records Statute Categories
  • provided directly by you
  • direct interaction with you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners
Protected Class Characteristics
  • N/A
  • N/A
  • N/A
Commercial Information
  • provided directly by you
  • direct interaction with you
  • service providers
  • clients
  • business partners
  • facilitate transactions
  • marketing / communications
  • fulfill requests
  • provide support
  • provide goods / services
  • fulfill contractual obligations
  • service providers
  • carriers
  • business partners
Biometric Information
  • N/A
  • N/A
  • N/A
Internet / Network Activity
  • your interaction with the Site
  • improve Site
  • personalize Site
  • improve Site experience
  • service providers
  • internet cookie recipients
Geo-Location Data
  • your interaction with the Site
  • improve Site
  • personalize Site
  • improve Site experience
  • N/A
Sensory Data
  • N/A
  • N/A
  • N/A
Professional / Employment-Related Information
  • N/A
  • N/A
  • N/A
Non-Public Education Information
  • N/A
  • N/A
  • N/A
Inferences Drawn from Other Personal Information
  • clients
  • information collected through targeted ads
  • business partners
  • service providers
  • providing services
  • marketing / communications
  • clients
  • service providers

B. Sale - Pixels does not sell personal information including of minors under 18 years of age.

4. California Rights

The CCPA provides you with specific rights as a California resident. This section identifies those rights and how to exercise them.

A. Access and Data Portability - Subject to certain exceptions, you have the right to request certain information about our collection, use, and/or disclosure of your personal information over the past 12 months. After receipt of a verifiable consumer request from you, Pixels will disclose to you the categories of personal information collected, categories of sources for the categories of personal information collected, business or commercial purpose for collecting such personal information, categories of third parties with whom Pixels shared such personal information, and specific pieces of personal information collected about you.

B. Deletion - Subject to certain exceptions, you may request that Pixels delete Personal Information about you that it has collected and retained.

C. Non-Discrimination - You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.

D. Opt-Out - You have the right not to have your information disclosed, shared, or sold. If you are a California resident and wish to exercise this right, you may contact us by email at privacy@mcbrayerfirm.com or by phone at 1-877-807-5901.

5. California Request Process

A. Instructions - If you reside in California, only you or someone legally authorized to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a 12-month period. Such a request must provide sufficient information to allow Pixels to reasonably verify that you are (or are an authorized representative of) the person about whom Pixels collected the personal information and describe your request with sufficient detail to allow Pixels to properly understand, evaluate, and respond to it. Please note that Pixels cannot respond to your request or provide you with information if Pixels 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 Pixels. Pixels will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request. If you reside in California, you may exercise your personal information rights by submitting verifiable consumer requests in one or more of the following manners:

1. If you are a California resident, you may make verifiable requests to exercise your personal information rights via the online request portal found here.

2. If you prefer to submit your verifiable request to exercise your personal information rights by phone, you may contact Pixels by phone toll free at 1-877-807-5901 or by submitting a request using any of the contact information set forth in Section 8, below.

B. Verifying Requests - Pixels will confirm receipt of your request within the time period prescribed by the CCPA and/or its regulations, let you know how Pixels will process the request, and let you know our verification process and anticipated timeframe for response. Pixels may try to verify your request by asking you to provide certain information and matching it to the information Pixels maintains about you. Pixels will request at least two data points about you. Depending on the nature of your request, Pixels may require more data points to match and/or may require you to sign a declaration confirming under penalty of perjury that you are the consumer whose personal information is the subject of the request.

C. Authorized Agent - If you are a California resident, you may designate an authorized agent to make requests on your behalf to exercise your personal information rights. The authorized agent must be registered with California’s Secretary of State. The authorized agent making any request on your behalf to know or delete certain personal information about you must submit a copy of the written permission you granted them to act as authorized agent or a copy of the document showing you granted them a power of attorney for this purpose. If the authorized agent does not have a power of attorney in compliance with California’s probate law, you must also directly verify your identity with Pixels. If adequate proof is not presented, Pixels may deny the request.

D. Response Timing and Format - Pixels will try to respond to a verified consumer request within forty five (45) days of receipt, but if Pixels requires more time to respond, it will let you know how long and why in writing. Pixels will respond to you by mail or electronically at your option. Any disclosures Pixels provides in response to your request will pertain only to the 12-month period immediately preceding receipt of the verifiable consumer request. If Pixels is unable to respond to the request, Pixels will explain why, if applicable. If Pixels is unable to verify your identity in connection with a request for specific pieces of information about you, Pixels will let you know (but will not disclose the specific pieces of information) and will evaluate the request as though it were a request for categories of personal information disclosed to third parties during the past 12 months. If Pixels denies a request due to conflict with federal or state law or an exception to the CCPA, Pixels will explain the basis for the denial. If Pixels cannot verify your identity in connection with a request to disclose categories of information disclosed to third parties, Pixels will let you know, and will provide you information about its general business practices regarding collection, maintenance, and sale of personal information. If Pixels cannot verify the identity of an individual requesting deletion of personal data, Pixels will deny your request and will treat the request as a request to opt-out of sale. Pixels has no obligation to provide you with specific personal information if such disclosure creates a substantial, articulable, and unreasonable risk to security. For any data portability requests, Pixels will provide your personal information in PDF format. Unless your request is excessive, repetitive, or manifestly unfounded, Pixels will not charge a fee to process or respond to your request. If Pixels determines that a fee is warranted, Pixels will explain why it reached that decision and provide you with a cost estimate before responding.

6. Changes to Privacy Policy

Changes to the Supplemental Notice will be posted on this page. If Pixels makes material changes to the way it treats users personal information, it may choose to notify you by email or through a notice in addition to posting. The date the Supplemental Notice was last revised appears at the top of the Supplemental Notice. You are responsible for ensuring that Pixels has a current email address for you and for periodically visiting the Site and the Supplemental Notice to check for any changes.

7. Third Party Marketing

California Civil Code Section 1798.83 permits users of the Site who 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 contact Pixels at the contact information set forth in Section 8, below.

8. Contact

If you have any questions or comments about this Supplemental Notice or Pixels privacy practices or, if you wish to exercise your rights as a California resident, please contact Pixels at:

Pixels.com, LLC
ATTN: Privacy Agent
2202 Main Street
Santa Monica, California 90405
Phone: 877-807-5901
E-Mail: privacy@mcbrayerfirm.com

Pixels.com, LLC
C/O Bruce Paul / Privacy Agent
McBrayer, PLLC
500 West Jefferson Street, Suite 2400
Louisville, KY 40202
Phone: 502-327-5400
E-Mail: privacy@mcbrayerfirm.com