proquo ai Privacy Notice
California Addendum

Last updated: June 17, 2020

1. INTRODUCTION

1.1 This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Notice – California Addendum”) together with our Terms of Use, available on our website at www.proquoai.com (the “Site”) supplements the information contained in the Privacy Notice of PROQUO AI Limited ("proquo," "we" or ”us”) and its affiliate sites, subdomains, mobile and web application software (our “App”), and any associated applications that are owned and/or operated by proquo. Our Site and our App and all back-end functions which are provided through the same shall together be referred to as our “Platform”). This Privacy Notice – California Addendum shall govern proquo’s data collection and usage of California residents, including but not limited to, offline and online.

1.2 Any terms defined in the California Consumer Privacy Act (“CCPA”) have the same meaning when used in this Privacy Notice – California Addendum. proquo’s main Privacy Notice may be accessed here. California residents with disabilities may access this notice in an alternative format by emailing us at: support@proquoai.com.

1.3 As the CCPA is not final, this Privacy Notice – California Addendum reflects our good faith understanding of the CCPA as of the date of last revision reflected in the date Last updated above. Proquo will continue to revise our Privacy Notice – California Addendum to reflect the development of the CCPA and our understanding as to how it relates to our data practices.

2. USE OF THE PLATFORM BY MINORS

2.1 The Platform is not directed to individuals younger than the age of Majority (eighteen in most states of the United States; older in some jurisdictions), and we request that such individuals do not provide personal information through the Platform. While individuals under the age of 18 (but not younger than 13) may utilize the Platform, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to our Privacy Notice and this Privacy Notice – California Addendum. If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Platform, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

2.2 NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

3. INFORMATION WE MAY COLLECT FROM YOU

3.1 We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, email address, unique personal or online identifier,

IP address, account name, Social Security number driver’s license number, passport number, date of birth or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, 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).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Physiological, behavioral and biological characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity or other identifier or identifying information, such as, fingerprints, or and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information or student disciplinary records.

YES

K. Inferences drawn from other Personal Information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO


4. WE OBTAIN THE CATEGORIES OF PERSONAL INFORMATION LISTED ABOVE FROM THE FOLLOWING CATEGORIES OF SOURCES:

4.1 Visiting the Platform or Contacting us. When you visit the Platform or correspond with us by phone, e-mail, support chat function or otherwise. This includes Personal Information you provide when you register to use our Platform, subscribe to any of our services, enter a competition or promotion, when you report a problem with our Platform or when you upload information or data on our Platform.

4.2 Social Media Pages. Through your use of social media and/or other websites such as Instagram, Facebook, YouTube and LinkedIn, depending on your settings or the privacy policies of these websites. To change your settings on these services, please refer to their respective privacy policies.

4.3 Careers. When you submit your resume to us. If you contact us via email through the Platform, we may keep a record of your email address and correspondence and use such information to respond to you. We may also receive resumes from recruiters, proquo employees or other third parties.

Note, if you do not provide the mandatory Personal Information for a particular activity, we may not be able to offer the required information for you to engage in that activity.

5. HOW WE USE THE INFORMATION WE COLLECT

5.1 If you elect to provide proquo with Personal Information, we may use it as needed to provide services to you. These uses are based in our legitimate business interests in providing services to you and/or fulfillment of our contractual obligation to deliver services you have requested. We have balanced these business needs carefully with your privacy rights and these uses do not improperly infringe on your privacy and confidentiality rights. We may use your Personal Information in the following ways:

a. to quickly process user requests for information and to allow us to respond efficiently to user questions;

b. to enhance your user experience of the Platform, improve the operation of the Platform, improve our service offerings and improve our marketing efforts;

c. to respond to employment inquiries or applications;

d. In the course of any of the uses listed above, we may send push notifications to your computer or mobile device(s). You can manage push notifications in your browser’s settings and/or in your preference section within our App;

e. to monitor the Platform statistics;

f. to provide information to service providers or such companies who provide support for the operations of our Platform and who do not use or disclose the information for any other purpose; or

g. to allow us to disclose your information to the extent permitted by law.

6. HOW WE SHARE INFORMATION

6.1 to enable trusted third-parties that provide services on our behalf or with whom we have collaborated to offer a particular service;

6.2 to enable third-party marketing companies to send marketing materials to clients or prospective business clients, in relation to our goods and services. We will obtain the express consent of the individual (where legally required to do so) or rely on the legitimate interests of our business (when sending marketing materials to business contacts). Individuals can withdraw their consent at any time by clicking on the “unsubscribe” link at the bottom of each email or by emailing support@proquoai.com. If an individual withdraws their consent to receiving marketing emails, we will still be able to send them essential service communications that are necessary for the performance of our services.

6.3 to allow users to follow us on different social media platforms via a follow me button (Instagram, Facebook, YouTube and LinkedIn). Please note that any information you disclose through such services or otherwise on the Platform becomes public information, and may be available to visitors to the Platform and to the general public. In addition, when you choose to make a posting on such services certain Personal Information will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the Platform. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE SITE;

• if we believe in good faith that it is required by law enforcement or judicial authorities, or if it is necessary to comply with other legal requirements;

• to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Platform, to help protect the security or integrity of our Platform, or to enable us to take precautions against liability;

• to prevent or investigate suspected fraud, illegal activity, violations of this Privacy Notice – California Addendum, or activity that we believe in good faith may expose us to legal liability;

• during any merger, acquisition, or transfer of substantially all our assets, or during negotiations for such an event; or

• with your express consent.

Please note that we do not store any credit card data associated with any purchases processed on the Platform. Instead, we use Stripe or GoCardless to manage payments. You should review Stripe Payments Europe Ltd Privacy Notice at https://stripe.com/gb/privacy or GoCardless Ltd Privacy Notice at https://gocardless.com/privacy/ for more details about how your information is collected, stored and maintained by Stripe Payments Europe Ltd or GoCardless Ltd.

7. YOUR RIGHT TO ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

7.1 You have the right to request that we disclose certain information 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.
e. The specific pieces of Personal Information we collected about you (also called a data portability request).
f. If we sold or disclosed your Personal Information for a business purpose, a separate list disclosing:
i. sales, identifying the Personal Information categories that each category of recipient purchased; and
ii. disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
1. Please note that we do not sell your Personal Information.

8. DELETION REQUEST RIGHTS

8.1 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 to delete) your Personal Information from our records, unless an exception applies.

8.2 You may object to proquo using your Personal Information for the above purposes at any time by emailing us at: support@proquoai.com. If you do so, proquo will cease using your Personal Information for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such Personal Information is permitted to be used by proquo for another purpose set out in this Privacy Notice – California Addendum or proquo determines and demonstrates a compelling legitimate interest to continue in processing your Personal Information.

8.3 We may deny your deletion request if retaining the information is necessary for us or our service providers to:

a. Complete the transaction for which we collected the Personal Information, provide a 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 seq.).
f. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
g. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
h. Comply with a legal obligation.
i. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

9. EXERCISING ACCESS, DATA PORTABILITY AND DELETION RIGHTS

9.1 To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing contacting privacy@proquo.com.

9.2 Regarding our marketing materials, you may also withdraw your consent at any time by clicking on the “unsubscribe” link at the bottom of each email or by emailing support@proquoai.com. If an individual withdraws their consent to receiving marketing emails, we will still be able to send them essential service communications that are necessary for the performance of our services.

10. AUTHORIZED AGENTS

10.1 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 if you provide the authorized agent written permission signed by you or pursuant to a valid Power of Attorney. You may also make a verifiable consumer request on behalf of your minor child. When you use an authorized agent to submit a request, we may require you to:

a. Provide the authorized agent signed permission to do so.
b. Verify their own identity directly with the business.
c. Directly confirm with the business that they provided the authorized agent permission to submit the request.

11. VERIFIABLE CONSUMER REQUESTS

11.1 The verifiable consumer request must:

a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative (such as your name and email address).

b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

11.2 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 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.

11.3 You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

12. RESPONSE TIMING AND FORMAT

12.1 We endeavor to respond to a verifiable consumer request within 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. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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.

12.2 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.

13. SALE OF PERSONAL INFORMATION

We do not sell Personal Information.

14. NON-DISCRIMINATION

14.1 We will not discriminate against you for exercising any of 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 services.

15. CHANGES TO THIS PRIVACY NOTICE – CALIFORNIA ADDENDUM

We may, in our sole discretion, modify or revise this Privacy Notice – California Addendum at any time. Such changes or updates are effective immediately after we give notice of the change or update, which we may do so by revising the Last updated date at the top of the Privacy Notice – California Addendum or by otherwise posting on the Platform, by email, conventional mail and/or by any other means that provides reasonable notice. If you are subscribed to one of our mailings, you must provide us with your correct email address and make sure that email from us is not filtered from your inbox by your ISP or email software. You agree that your use of the Platform, after the date such notice is posted, means that you accept and agree to be bound by such modifications or revisions to the Privacy Notice – California Addendum. You agree that we shall not be liable to you for any damages that might result from any changes to this Privacy Notice – California Addendum, if any.

16. CONTACT US

Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to support@proquoai.com.