California Consumer Privacy Act Compliance Notice

Last Updated 3.2.2020

Clear Capital is committed to your privacy and respecting your rights regarding the information we collect on the ClearCapital.com website and any other, products, services or applications made available by us. 

The California Consumer Privacy Act of 2018 (the “CCPA”) is a California law that gives California residents (“consumers”), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them. For purposes of this addendum, ClearCapital.com is referred to as “we”, “us” or “our”. 

Pursuant to the CCPA, effective January 1, 2020, consumers whose personal information have been collected by us have certain rights, which are limited in respect to Clear Capital due to the nature of the data we collect and our use of the data. 

Your rights under the CCPA:

Right to Opt-Out of Sale of Your Personal Information

You have the right to request that a business that sells your personal information, or that discloses it for a business purpose, inform you of what has been collected about you and who it has been sold or disclosed to.  You also have the right, at any time, to direct a business that sells your personal information not to sell it.

Right to Access / Data Portability

You have the right to request that a business that collects personal information about you disclose the following: 

  1. The categories of personal information it has collected about you
  2. The categories of sources from which the personal information is collected;
  3. The business or commercial purpose for collecting or selling personal information
  4. The categories of third parties with whom the business shares personal information
  5. The specific pieces of personal information it has collected about you

Right to Deletion

You have the right to request that a business delete any personal information about you.  However, there are exceptions to this rule. For example, a business does not have to delete information if it is necessary to: 

  1. complete a transaction; 
  2. prevent illegal activity; 
  3. exercise free speech; 
  4. comply with a legal obligation; 
  5. identify or repair errors that impair functionality; 
  6. otherwise use a consumer’s personal information, internally, that is compatible with the context in which the consumer provided that information. 

Right to Non-Discrimination

A business cannot discriminate against a consumer because the consumer exercised any of the consumer’s rights listed above.  

Your personal information under the CCPA:

CATEGORIES OF PERSONAL INFORMATION UNDER THE CCPA WHAT WE COLLECT WHY WE COLLECT THAT INFORMATION
Identifiers We may collect your:
– Name
– Email address
– Phone number
We collect this information to perform services, which includes maintaining or servicing accounts, providing customer service.
Personal information described in California Civil Code section 1798.80 We may collect your:
– Name
– Email address
– Phone number
We collect this information to perform services, which includes maintaining or servicing accounts, providing customer service.
Commercial information  We may collect records of personal property, products or services purchased and other purchasing or consuming histories or tendencies. We collect this information to perform services, which includes maintaining or servicing accounts, providing customer service, and for product development.

We disclose personal information for business purposes only.

Our Obligations Under the CCPA for Consumers

To maintain reasonable security of Californians’ personal information that we collect and process;

To comply with the CCPA’s obligations applicable to service providers as defined by the CCPA.

We may have limited CCPA obligations to California consumers because:

  • We may be providing business-to-business (B2B) products and services and typically do not offer products or services directly to consumers; and
  • When we do collect and process personal information from or about consumers, we have determined it is in one of the following contexts. The CCPA exempts each context from any obligations beyond our limited CCPA obligations:
    • Data That Is Processed in Our Capacity as a Service Provider. When we process your personal information as a service provider for another business, that business, not us, may be the owner and controller of the personal information and responsible for your request related to that data. If you want to inquire about personal information we process for our customers as their service provider, you should contact those entities directly. Due to confidentiality considerations, we do not disclose or confirm the identity of our customers or what data we process for them.
    • Data That Is Regulated and Protected by Other Laws. The CCPA recognizes that other privacy laws already exist to protect certain types of personal information under certain circumstances. We are subject to and comply with several of these laws, including the federal Fair Credit Reporting Act (FCRA), the federal Gramm-Leach-Bliley Act (GLBA), the Driver’s Privacy Protection Act of 1994 (DPPA), and the California Financial Information Privacy Act. The CCPA exempts personal information that is already regulated and protected by those laws, and we apply our obligations under those laws to that data.
    • Data That Is Publicly Available. The CCPA exempts personal information that is lawfully made available from federal, state, or local government records.
    • Data That Is Deidentified or Aggregated. The CCPA does not consider deidentified or aggregated data to be personal information.

The CCPA may include other exemptions applicable to how we use and retain your personal information. 

Consumer Request Process:

  1. You may submit a data request by calling us at (530) 550-2500, or by emailing privacy@clearcapital.com.
  2. We will reach out within 10 business days to confirm that we have received your request.
  3. We will then take steps to determine whether your request is valid. However, we may ask our customer to confirm this information. We will only ask for information that is reasonable in light of the nature of your request.
  4. When you submit a request for access:
    1. Within 45 calendar days, we will provide you with a copy of the information listed in “Right to Access / Data Portability,” above, by mail or electronically. To the extent possible, this information shall be provided in a portable and useable format.
    2. In the event we need additional time, we will inform you within the initial 45-day period of our need for an additional 45 calendar days (for a maximum of 90 calendar days between request and provision of information).
    3. We are not required to provide personal information to a consumer more than twice in a 12-month period.
    4. If your request does not fall within one of the exceptions to deletion listed in “Right to Deletion,” above, we will confirm deletion within 45 days. If we are not required to delete your information, we also let you know within 45 days.
  5. When a customer of ours submits a request for deletion due to your request, we will work directly with our customer.

Questions:

If you have any questions about this California Privacy Rights, or any of our privacy practices, please reach out to us at privacy@clearcapital.com.

Clear Capital customers should reach out to their account representative or reach out to use a privacy@clearcapital.com for more information.