|
Privacy Notice for Residents of California
|
Effective: 1/1/2020 Last Revised: 7/1/2024
|
This Notice of Privacy is for California Residents and applies to all consumers who interact with EVS
who reside in the State of California. It supplements the information in our Privacy Policy to comply with
the California Consumer Privacy Act of 2018 (CCPA). Link to the CCPA: https://oag.ca.gov/privacy/ccpa.
Terminology defined in the CCPA is defined the same here. No provision of this Notice may be
construed to provide consumers any rights (or our company any obligations) beyond those required by
the CCPA and other applicable law.
|
Disabled consumers who need these disclosures presented in an alternate medium, may contact us at
the email address or telephone number listed further below.
|
Personal Information That We Collect
By providing your personal information to us, asking to be contacted or using us to interact with a third
party, you are also specifically directing us to disclose your information to any third-parties listed, along
with others who we feel may have information or offers you may be interested in.
|
We collect personal information directly from you and by observing your interactions on our website
which identifies, relates to, describes and/or is capable of being associated with or could
reasonably be linked, directly or indirectly, with a particular consumer, household or device. In the last
twelve months we have collected the categories of information listed below. We will not collect
additional categories of personal information or use the personal information we collected for
materially different, unrelated, or incompatible purposes without providing you notice. The following is
an overview of information defined by the CCPA as personal information.
|
|
A. Unique personal identifiers
|
A real name, account name, address, alias, bank
account number, credit card number, email
address, debit card number, driver's license
number, insurance policy number, internet
Protocol address, passport number, physical
characteristics or description, postal address,
online identifier, signature, Social Security
number, state identification card number,
telephone number, unique personal identifier, or
other similar identifiers.
|
|
B. Characteristics of protected
classifications under California or federal
law
|
Age (40 years or older), ancestry, citizenship,
color, disability (physical or mental), marital
status, medical condition, national origin, race,
religion or creed, 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).
|
|
C. Commercial information
|
Products or services considered, obtained or
purchased, purchasing or consuming histories or
tendencies, records of personal property
|
|
D. Biometric information
|
Activity patterns used to extract a template,
behavioral, biological, genetic or physiological
characteristics, other identifiers or identifying
information eg:, face, finger or voiceprints, gait
tendencies, health information like exercise or
sleep information, iris or retina scans, keystrokes
or other physical patterns.
|
|
E. Internet or other electronic network
activity information
|
Browsing history, search history, information
regarding interaction with advertisements,
applications or websites.
|
|
F. Geolocation information
|
Physical location or movements including trends.
|
|
G. Sensory information
|
Audio, electronic, visual, thermal, olfactory or
similar data.
|
|
H. Professional or employment related
information
|
Past or present job history, performance
evaluations
|
|
I. Non-public / Private (non-public)
educational information protected by the
Educational Rights and Privacy Act (20
U.S.C. Section 1232g, 34 C.F.R. Part 99)).
|
Class lists, disciplinary records, financial
information, grades, identification codes,
schedules, transcripts or other information
directly related to a student which is collected by
educational institutions or agencies acting on
their behalf.
|
|
J. Inferences or conclusions drawn from
personal information
|
Profiles reflecting an individual’s abilities,
attitudes, aptitudes, behavior, characteristics,
intelligence, predispositions, preferences,
psychological trends etc
|
|
K. Personal Information not governed by
the CCPA
|
De-identified or aggregated consumer
information, information excluded from the
CCPA's scope (eg: health or medical information
covered by the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and the
California Confidentiality of Medical Information
Act (CMIA) or clinical trial data). Personal
information covered by certain sector-specific
privacy laws, including the Fair Credit Reporting
Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or
California Financial Information Privacy Act
(FIPA), and the Driver's Privacy Protection Act of
1994, publicly available information from
government records.
|
|
We obtain personal information from the following categories of sources
|
A. Client or their agents, directly or
indirectly
|
C. Third parties, advertising networks,
consumer data resellers, data analytics
providers, government entities, internet service providers, social networks,
operating systems and platforms
|
|
B. Government entities from which public
records are obtained
|
D. Website interactions from our contact us
and other web forms.
|
|
How We Use Personal Information regulated by the CCPA
|
A. As described upon collection of
information
|
As set forth in the CCPA.
|
|
B. Complying with the law
|
Obeying the court, law and government
regulations, responding to requests from law
enforcement and other governing bodies.
|
|
C. Fulfill requests, the reason you provided
the information
|
Answering questions, facilitating delivery,
fulfilling purchases, providing information on
products or services, price quotes, processing
payments and transactions, processing product
orders, processing returns. This includes, for
example, when you make a request online to
receive offers via email or telephone, or when you
request or agree during one of our phone calls, to
be transferred to a third-party product or service
seller to receive such offers.
|
|
D. Maintaining safety and security
|
Preventing theft of information, products and
services as well as technological resources and
preventing transactional fraud.
|
|
E. Personalizing the customer experience
|
Personalizing your experience to deliver content,
product and service offerings relevant to your
interests (eg; targeting offers and ads through
our website, third-party sites and via email or
text messaging –with your consent, where
required by law).
|
|
F. Product development
|
Product, service and website improvement,
research and analysis
|
|
G. Providing support
|
Developing and personalizing our products,
services and website, investigating and
addressing concerns, monitoring and improving
responses
|
|
H. Restructuring
|
Evaluating or conducing mergers, divestures,
reorganization, sale or transfer or assets in the
event of bankruptcy, liquidation, etc.
|
|
Sharing Personal Information
We may disclose your personal information to a third party (eg: Service providers and data aggregators)
for a business purpose. When we disclose your information for business purposes our contracts state
the purpose and requires all parties use personal information for the sole purpose of executing the
contract and also that all personal information be kept confidential.
Personal Information Disclosed in the Last 12 Months
In the last twelve months, we have disclosed the categories of personal information below for a business
purpose.
|
|
A. Biometric information? No
|
F. Internet or other electronic network activity
information? Yes
|
|
B. Characteristics of protected
classifications under California or federal
law? No
|
G. Non-public / Private (non-public) educational
information protected by the Educational Rights
and Privacy Act (20 U.S.C. Section 1232g, 34
C.F.R. Part 99? No
|
|
C. Commercial information? Yes
|
H. Professional or employment related
information? Yes
|
|
D. Geolocation information? Yes
|
I. Sensory information? No
|
|
E. Inferences or conclusions drawn from
personal information? Yes
|
J. Unique personal identifiers? Yes
|
|
Personal Information Sold in the Last 12 Months
In the last twelve months we have sold the categories below of personal information for a business
purpose. Note that under the CCPA, a business does not “sell” personal information when a consumer
uses or directs the business to intentionally disclose personal information or uses the business to
intentionally interact with a third party, provided the third party does not also sell the personal
information, unless that disclosure would be consistent with the provisions of this title. An intentional
interaction occurs when the consumer intends to interact with the third party, via one or more deliberate
interactions.
|
|
A. Unique personal identifiers? Yes
|
F. Geolocation information? Yes
|
|
B. Characteristics of protected
classifications under California or
federal law? No
|
G. Sensory information? No
|
|
C. Commercial information? Yes
|
H. Professional or employment related
information? No
|
|
D. Biometric information? No
|
I. Non-public / Private (non-public)
educational information protected by the
Educational Rights and Privacy Act (20
U.S.C. Section 1232g, 34 C.F.R. Part 99?
No
|
|
E. Internet or other electronic network
activity information? Yes
|
J. Inferences or conclusions drawn from
personal information? Yes
|
|
Your Rights and Choices
The CCPA provides consumers with specific rights regarding their personal information if they are
California residents. The following is an overview of these rights and an explanation of how to exercise
them.
1. Specific Information Access and Data Portability Rights
California residents have the right to request the disclose of what CCPA personal information we
have collected about them in the last twelve months and what we have used it for during this
time period. To the extent required by the CCPA, when we receive a verifiable consumer
request, we will disclose the following information, after verifying your identity, if we can:
|
|
A. Business or commercial purposes for
collecting or selling personal
information
|
F. Personal information categories that
each information recipient category
disclosed to each recipient.
|
|
B. Categories of personal information
collected about you.
|
G. Personal information categories that
each information recipient category
sold to each recipient.
|
|
C. Categories of sources we use to
collect personal information about
you.
|
H. Specific pieces of personal
information we collected about you,
so that you can make a data request.
We will provide you with this
information in a portable format
|
|
D. Categories of third parties we share
your personal information with.
|
I. Whether we disclosed or sold your
personal information for a business
purpose, two separate lists
|
|
E. Internet or other electronic network
activity information collected or
maintained.
|
|
|
2. Deletion Request Rights
California residents have the right to request that we delete any of the CCPA personal
information which we collected about them. After we have received and confirmed your
verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we
will delete your personal information and instruct our service providers to delete your
information as well. We may not delete your information if it is required to us or our service
providers to do the following:
|
|
A. Completing the contract or transaction
for which we collected the personal
information, providing goods or services
requested, taking reasonable actions
within the scope of our ongoing business
relationship with you.
|
F. Finding and resolving defects or
errors impacting intended product,
service or website functionality.
|
|
B. Complying with the California Electronic
Communications Privacy Act (Cal. Penal
Code § 1546 et. seq.), and other legal
obligations
|
G. Internal processes in alignment with
your relationship with us.
|
|
C. Complying with free speech rights,
engaging in free speech, ensuring
consumers right to exercise their free
speech.
|
H. Identifying security risks, protecting
against deceptive, fraudulent,
malicious, or illegal activity, or
prosecuting individuals involved in
such activities.
|
|
D. Complying with other laws.
|
I. Participating in public or peerreviewed historical, scientific, or
statistical research which is in the
public interest and abides by ethics
standards, if the information is
required to complete the research
and you have provided informed
consent
|
|
3. Exercising Access, Data Portability, and Deletion Rights
Only you or someone registered with the California Secretary of State who is authorized to act in
your interests may make a request for information or deletion. Once you have made a verifiable
consumer request, we will provide your personal information in a portable manner so that you
can access it easily. Any information you provide will only be used to verify your identity. You
can make a request following the instructions below:
|
|
A. Use our online Request to Know form,
call us, or email us using the contact
information found at the end of this
notice. We will confirm receipt within 10
days and then provide a written response
within 45 days. If we require more time
(up to 90 days), we will inform you in
writing of the reason.
|
E. Select the format in which you would like
to receive your personal information.
This format should be readily accessible
and allow you to transport the data to
others without issue.
|
|
B. Provide us with information necessary to
verify your identity so that we may
release the information to the individual
to whom it belongs, or an authorized
representative
|
F. We will provide access to your personal
information for the last twelve-month
period or provide an explanation as to
why we cannot comply with the request.
|
|
C. You need not create an account to make
requests, but if you have an account and
login with us, signing in through our
portal with a password serves to verify
your identity.
|
G. There is no fee to process your verifiable
consumer request unless it is excessive.
In which case we will inform you of the
fee before proceeding.
|
|
D. Provide enough detail in your request
that we understand you, can evaluate the
request and provide an answer.
|
|
You will need to prove your identity to us. If you have no password-protected account with us, you will
need to provide us with at least 2 data points which we already maintain about you, and possibly other
information and a signed declaration under penalty of perjury if the information maintained about you
is of a sensitive nature. In some cases, we might not be able to successfully verify your information and
in such a case, we will notify you as to why we cannot provide it.
|
4. Personal Information Sales Opt-Out and Opt-In Rights
California residents who are sixteen years of age or older have the right to dictate that we do
not sell their personal information. If you opt-in to information sales, either verbally or in
writing, you may opt-out at any time. Minors are not allowed to use our websites or services
and we do not intentionally collect any personal information for or regarding those under the
age of eighteen. To opt out please contact us using the contact information found at the end of
this notice.
|
5. Financial Incentives & Non-Discrimination Rights
To the extent required by the CCPA, we will not discriminate against individuals who choose to
exercise any of their rights under the CCPA. Unless allowed by the CCPA, we will not:
|
|
A. Deny you goods or services because you
exercised your rights.
|
H. We may, however, offer financial
incentives to those who provide personal
information which may result in
variations in price, rates or quality
depending on the value of the
information provided
|
|
B. Charge different rates or prices, impost
penalties or grant differential discounts
for punitive purposes.
|
I. You must opt-in or provide prior written
consent to participate in financial
incentive programs and you may revoke
this consent at any time.
|
|
C. Provide (or suggest) those who exercise
their rights a different quality goods or a
different level of service.
|
|
We do not offer financial incentives to consumers to induce their agreement for us to sell their
personal information. Rather, if you do not agree, we might not be allowed to provide your information
to third parties who have the quotes, services or other information you have requested. Note that under
the CCPA, the “sale” of information does not include the disclosure of information at the consumer’s
request.
|
6. Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) provides California residents with the
right to request information regarding our disclosure of personal information to third parties for their
direct marketing purposes. To make a request, please contact us using the contact information found at
the end of this notice.
|
Changes to Our Privacy Notice
We reserve the right to amend this notice of privacy at any time and at our sole discretion. When
changes are made, we will post a notice on the main website and the date the changes take effect.
Continued use of this website indicates your acceptance of these changes.
|
Contact Information
If you have any questions, comments or queries about our privacy policy, how we collect or use personal
information, your rights regarding such use, or how to exercise your rights please feel free to contact us
at the following email address or phone number: sales@evs7.com, 800-713-8353 or 972-713-6622.
|
Important Notes Regarding a Request to Know:
1. We will have to verify your identity before we can respond to your request. We may require
notarized proof that you are who you say you are. If we cannot verify your identity or if we do
not have any information about you, we will not be able to fulfill your request.
2. We may deny any deletion requests if that information is needed by us or our service providers
to provide you with any of our services that you have purchased or for any legal reasons.
3. We will not charge any money for your requests, unless they are excessive, repetitive, or
manifestly unfounded.
4. Use our online Request to Know form, call us, or email us using the contact information
provided in the above “Contact Information”. We will confirm receipt within 10 days and then
provide a written response within 45 days. If we require more time (up to 90 days), we will
inform you in writing of the reason.
5. If we do delete your information that we sell on our web site "TelephoneLists.biz", be aware
that any customer to whom we have previously sold your information will not have your
information removed from their lists.
|
Statistical Reporting
The CCPA and the California Delete Act requires data brokers to compile and disclose information regarding their compliance with the CCPA for the previous calendar year. The statistics provided below relate to requests made by or on behalf of California consumers to Electronic Voice Services, Inc., EVS7, and TelephoneLists.biz. Statistics for the reporting period of January 1, 2023 – December 31, 2023, are as follows:
Requests to Know: 56 received; 8 fulfilled; 48 denied*
Requests to Opt Out: 1,384 received; 1,384 fulfilled; 0 denied*
Requests to Delete: 786 received; 786 fulfilled; 0 denied*
Average Completion Time: 24 days
Median Completion Time: 11 days
*Any denials are primarily due to failed identity verification, insufficient identity information, or abandoned requests by the consumer.
|
