This Privacy Notice for California Residents applies solely to the personal data of individuals who reside in the State of California ("consumers" or "you") and forms a part of and supplements the information contained in our Privacy Policy. We have provided this Privacy Notice for California Residents to comply with the California Consumer Privacy Act of 2018 (the "CCPA") and any terms defined in the CCPA have the same meaning when used in this notice.
Your Rights and Choices: The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and how you may exercise those rights.
- Access to Specific Information; Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; (c) our business or commercial purpose for collecting or selling that personal information; (d) the categories of third parties with whom we share that personal information, if any; (e) the specific pieces of personal information we collected about you (also called a data portability request); (f) if we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained. Please note that we do not sell personal information.
- Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, if any, 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 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) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (f) engage in public or peer-reviewed research in accordance with Section 1798.105 (d)(6) of the CCPA; (g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (h) comply with a legal obligation; or (i) make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Exercising Your Rights. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by either visiting https://postmarkapp.com/contact or emailing privacy@activecampaign.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within any 12-month period. The verifiable consumer request must: (a) provide sufficient information that allows us to reasonably verify that you are the individual about whom we collected personal information or that you are an authorized representative of that individual; and (b) describe your request with sufficient detail to allows us to properly understand, evaluate and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information 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. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, 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 without hindrance. 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.
- Non-Discrimination. We will not discriminate against you for exercising your CCPA rights. Unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; (d) 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 personal information'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.
Contact Information: If you have any questions or comments about this notice, the ways in which we collect and use your information described in this notice, your choices and rights regarding such use or wish to exercise your rights under California law, please do not hesitate to contact us at:
Website: https://postmarkapp.com/contact
Email: privacy@activecampaign.com
Phone: 215-203-0488
Name: AC PM LLC
Address: 1 N Dearborn Street, Suite 500, Chicago, IL 60602