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Your California Privacy Rights

This California Privacy Notice supplements the information provided in our Privacy Policy and applies to individuals who reside in the State of California. If you are a California resident, state law gives you specific rights regarding how we collect, use, and share your Personal Information and Sensitive Personal Information. This Notice explains those rights and how you can exercise them under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”).

“Shine The Light” Law

California residents with whom On3 has an established relationship have the right to request certain information with respect to any Personal Information and Sensitive Personal Information On3 may have shared with third parties for their direct marketing purposes. Alternatively, On3 may provide a cost-free means to opt out of such sharing. On3 has opted to provide you with a cost-free means to opt out of such sharing. If you do not want On3 to disclose your Personal Information and Sensitive Personal Information to other companies for their marketing purposes, please contact us using at [email protected].

For California residents under the age of 18 and registered users of the Website or Services, California law (Business and Professionals Code § 22581) provides that you can request the removal of content or information you posted on the Website. Any such request should be sent to us at [email protected] along with a description of the posted content or other information to be removed. Be advised, however, that applicable law may not permit us to completely or comprehensively remove your deleted content or for other reasons as set forth in this California law.

California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

Under CCPA and CPRA, California residents may be able to exercise additional rights listed below in accordance with the laws of the State of California independently or through an authorized agent: Right to Correct, Right to Know, Right to Delete and Right to Opt Out.

Right to Correct. If you believe that Personal Information or Sensitive Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Know. You have the right to request that we disclose the following information for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than twice in a 12-month period. You have the right to know what Personal Information we have collected about you, which includes:

The categories of Personal Information we have collected about you, including:

  • The categories of sources from which the Personal Information was collected
  • Our business or commercial purposes for collecting, sharing, or disclosing Personal Information
  • The categories of recipients to which we disclose Personal Information
  • The categories of Personal Information that we shared, and for each category identified, the categories of third parties to which we shared that particular category of Personal Information
  • The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information

The specific pieces of Personal Information we have collected about you: Where required by law, we will provide this information in a portable and, if technically feasible, readily usable format.

Right to Delete Your Personal Information. You have the right to request that we delete Personal Information and Sensitive Personal Information we have collected from you, subject to certain exceptions. Under the CCPA and CPRA, we may decline to delete your Personal Information under certain circumstances, for example, if we need the Personal Information to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your Personal Information that we did not collect directly from you.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information and Sensitive Personal Information, and to request that we do not share your Personal Information and Sensitive Personal Information for cross-context behavioral advertising. To opt-out, please click here or use the “Do Not Sell or Share My Personal Information” link contained in the footer of the On3 website. Please note that opting-out of the sale of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and your information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes.

Alternatively, to submit a request to exercise any of your California privacy rights, please contact us via email at [email protected].

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA and CPRA.

Rights Related to Automated Decision-Making. You have the right to opt out of automated decision-making, including profiling, that we use to evaluate certain personal aspects relating to your health, personal preferences, interests, behavior, location, or movements.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA and CPRA, you also have the right not to receive discriminatory treatment by us.

You may use an authorized agent to submit requests. We do not discriminate against a user if they exercise any of the rights available under the CCPA and CPRA. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data and permitted under the law. We will make a good faith estimate of the value of the consumer’s data based on relevant expenses related to the collection and retention of Personal Information as part of each such program.

In addition, we may offer you financial incentives for the collection, sale, and retention and use of your Personal Information and Sensitive Personal Information as permitted by applicable state laws that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in our Terms of Service. Please note that participating in incentive programs is entirely optional. You will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

We will not fulfill a request pursuant to CCPA or CPRA unless you have provided sufficient information for us to reasonably verify you are the consumer about whom we collected Personal Information and/or Sensitive Personal Information. We will take appropriate steps to confirm the identity of a consumer making a request for purposes of verifying the authenticity of the request. You may be required to provide certain Personal Information to allow us to verify that you are the consumer about whom the request is being made. If you request that we provide you with specific pieces of Personal Information about you, we will apply heightened verification standards. An authorized agent may submit a request on behalf of a consumer if the consumer has provided the authorized agent with power of attorney in accordance with necessary state law; alternatively, the agent must (1) present verifiable written authorization from the consumer that the agent has the consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with On3. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome. Some Personal Information we maintain about consumers (e.g., clickstream data) is not sufficiently associated with enough Personal Information about the consumer for us to be able to verify that it is a particular consumer’s Personal Information. Accordingly, we will not include such information in response to consumer requests. If we cannot comply with a request, we will explain the reasons in our response. We will use Personal Information provided in your request only to verify your identity or authority to make the request and to track and document request responses unless you also provided the Personal Information to us for another purpose.

We do not sell or share the Personal Information and Sensitive Personal Information of consumers we actually know are less than 18 years of age, unless we receive affirmative consent (the “right to opt-in”) from the consumer who is between 13 and 18 years of age. Consumers who opt-in to Personal Information or Sensitive Personal Information sales or sharing may opt-out of future sales or sharing at any time. For more information about our efforts to protect children’s privacy, see our Notice and Children’s Privacy Policy.

Please note that while CCPA rights do apply to Personal Information collected from job applicants and employees, this Privacy Policy only covers those individuals in their capacity as users of our Website.