California Data Privacy Addendum

Last Updated December 31, 2019

PURPOSE FOR ADDENDUM

This California Data Privacy Addendum, including any future modifications (the “Addendum“), forms a material part of the Company’s Privacy Policy and applies to any “personal information” (as defined under the CCPA) that we may “collect” (as defined under the CCPA) from a California “consumer” (as defined under the CCPA) through their use of the Services, whether as a guest or a registered user. If you are a California consumer, the purpose of this Addendum is to briefly describe: 1) your rights under California law; 2) describe how you may make a request for those rights to be enforced; 3) describe the categories of personal information that were “sold” (as defined under the CCPA and detailed below) by the Company in the preceding twelve (12) months; 4) the categories of personal information that were disclosed by the Company for “business purposes” (as defined under the CCPA and detailed below) by the Company in the preceding twelve (12) months; and 5) describe your rights pursuant to California’s “Shine the Light” law.

YOUR RIGHTS AS A CALIFORNIA CONSUMER UNDER THE CCPA

The California Consumer Privacy Act (“CCPA”) provides California consumers (essentially human beings that are California residents and are the subject of personal information) with certain data privacy rights as described below. 

RIGHT TO DISCLOSURE

The CCPA requires the Company to make affirmative disclosures to data subjects about the Company’s processing activities, including disclosures about how personal information is collected, sold, and/or otherwise disclosed to third parties. All required disclosures are contained in the main body of the Company’s Privacy Policy and/or in this Addendum, as they are amended from time to time.

RIGHT TO KNOW

The Right to Know under the CCPA grants California consumers the right to be provided with certain individualized disclosures with respect to the Company’s processing of their personal information. Upon the Company’s receipt of a verified data subject request, data subjects have the right to access information related to the Company’s:

Note: THE COMPANY DOES NOT SELL THE PERSONAL INFORMATION ANY CALIFORNIA CONSUMERS AS DEFINED BY THE CCPA, INCLUDING MINORS UNDER SIXTEEN (16) YEARS OF AGE.

RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION

The Right to Opt-Out of the Sale of Personal Information, subject to certain exceptions, enables data subjects to prohibit the Company from selling their personal information to third parties. Once the Company receives an opt-out request, the Company is prohibited from selling the data subject’s personal information to any third party unless the data subject subsequently provides the Company with express authorization stating otherwise. Once a data subject has opted out, the Company must wait at least twelve (12) months before requesting to sell a data subject’s personal information again. The Company is prohibited from discriminating against data subjects that exercise their right to opt-out (e.g., charging them more for products or services). However, the Company is not currently selling Data Subjects’ personal information. If you wish to exercise this right, please send an e-mail sufficiently detailing such request to: privacy@oneilcapital.com (alternatively you can utilize one of the other methods described under the “How to Exercise Rights Under the CCPA” section of this Addendum. Such a request must include your name, telephone number, physical address, and email address.

RIGHT TO DELETION 

Under very specific circumstances, the CCPA entitles data subjects to have the Company stop processing their personal information and destroy such data. This right is commonly referred to as the “Right to Deletion,” the “Right to Erasure,” and/or the “Right to be Forgotten.” Generally, the Right to Deletion requires the Company to delete any personal information that the Company has collected about a data subject that is not necessary for at least one of the purposes enumerated under the CCPA. Common exceptions to the Right to Deletion include the processing of personal information that is necessary for: completion of a transaction, provision of goods and services, performance of a contract, exercising free speech rights, internal uses that are reasonably aligned with a data subject’s expectations based on their relationship with the Company, internal uses that are lawful and compatible with the context in which a data subject provided their personal information, and/or uses of personal information that are necessary for the Company to comply with legal obligations. 

RIGHT TO NON-DISCRIMINATION 

Under the CCPA, the Company is prohibited from discriminating against data subjects that exercise their rights, including the Right to Opt-Out of the Sale of Personal Information. Specifically, the Company cannot deny data subjects goods or services, charge data subjects different prices or rates (or otherwise impose a penalty), or provide data subjects a different quality or level of goods or services if a data subject requests to enforce their rights. 

HOW TO EXERCISE RIGHTS UNDER THE CCPA

If you wish to exercise available rights detailed below, please send an e-mail sufficiently detailing such request to: privacy@oneilcapital.com. Please note that if we receive a request from you to exercise your rights, the Company has the right to have you take reasonable steps to confirm your identity. Generally, we will attempt to match identifying information that you have already provided to us. At minimum, the Company will require you to submit your name, telephone number, physical address, and email address. The Company is not obligated to, and will not, provide any individualized information or give effect to data subject rights unless the Company can reasonably verify that the request is a “verified request” (as defined under the CCPA). 

Alternatively, you may submit a Data Subject Request by calling the Company at (844) 243-9891. As another option, you may submit a Data Subject Request by employing an authorized agent to submit a request on your behalf. In order to do this, you must provide an authorized agent with written permission to submit a request. If the Company does not receive proof from an authorized agent that you have given them permission to submit a Data Subject Request on your behalf, the Company will deny the request. 

BUSINESS PURPOSES & COMMERCIAL PURPOSES FOR COLLECTING OR SELLING PERSONAL INFORMATION 

Under the CCPA, the Company is required to describe its “business purposes” or “commercial purposes” for collecting or selling personal information. Under the CCPA, “collects,” “collected,” or “collection” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. “Sell,” “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. THE COMPANY IS NOT CURRENTLY SELLING PERSONAL INFORMATION TO THIRD PARTIES AND HAS NOT SOLD SUCH INFORMATION IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EFFECTIVE DATE OF THIS ADDENDUM.

BUSINESS PURPOSES & CATEGORIES OF INFORMATION DISCLOSED FOR BUSINESS PURPOSES

Under the CCPA, “business purpose” means “the use of personal information for a business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.” The business purposes for which the Company may use/share personal information include: 

The categories of personal information that the Company disclosed about consumers for a business purpose during the preceding twelve (12) months were: (a) identifiers; (b) personal information; (c) protected classification characteristics; (d) internet activity; (e) geolocation data; (f) professional or employment-related information; and (h) inferences.

COMMERCIAL PURPOSES & CATEGORIES OF INFORMATION DISCLOSED FOR COMMERCIAL PURPOSES

Under the CCPA, “commercial purpose” means “to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.” “Commercial purposes” do not include purposes of engaging in speech that state or federal courts have recognized as noncommercial speech (including political speech and journalism). The commercial purposes for which the Company may use/share personal information include: 

The categories of personal information that the Company disclosed about consumers for a commercial purpose during the preceding twelve (12) months were: (a) identifiers; (b) personal information; (c) protected classification characteristics; (d) internet activity; (e) geolocation data; (f) professional or employment-related information; and (h) inferences.

YOUR RIGHTS AS A CALIFORNIA CONSUMER UNDER CALIFORNIA’S SHINE THE LIGHT LAW

Pursuant to California’s “Shine the Light” law, California residents may opt-out of the Company’s disclosure of personal information to third parties for such third parties’ direct marketing purposes. However, the Company does not currently disclose personal information to third parties for direct marketing purposes.