California Privacy Notice

Last updated: December 30, 2019

This California Privacy Notice supplements our Mighty Networks Privacy Policy and applies solely to all Visitors (visitors, Members and Hosts) to our Services (website and app) who reside in the State of California (”you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this Notice. Please note that the definition of “Personal Information” in the CCPA is not the same as “Personal Data” in our Mighty Networks Privacy Policy, because the California definition extends to information that can reasonably identify a household, not just actually identify individuals. As defined by the CCPA and used in this California Privacy Notice, “Personal Information” refers to “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

This California Privacy Notice is not intended to apply to Personal Information we collect about employees, applicants for employment, or business partners.

1. What Personal Information we collect

The table below identifies the categories of Personal Information that we collect now and have collected over the past twelve months, and provides examples of Personal Information in each category. If you share Personal Information in your Mighty Network, under the CCPA, such information is considered “collected” by us even though we did not ask for it. As we explain in our Mighty Networks Privacy Policy:  If you include personal information in Your Content, it will be displayed to other Members based on the privacy levels of the Network. Your Content means all material that you upload, publish, or display to others via a Mighty Network. Please note that Your Content is stored by us because we store all of the material posted in Mighty Networks. Your Content is not information that we actively collect from you. We discourage you from sharing any sensitive information like Social Security Number or credit card numbers in your Mighty Networks.

Category Examples
A. Identifiers. We collect your real name, user name(s), avatar, Internet Protocol address, and email address.

 

We do not collect any of the following examples of this category unless you post them in your Mighty Network: Social Security Number, driver’s license number, passport number, or other similar identifiers.

 

We assign you a unique personal identifier for our internal use. Our service providers may assign you unique personal identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). This category overlaps with Category A explained above.

We collect your name, and, if you purchase a subscription or become a Host, payment card information.

We do not collect any of the following examples of this category unless you post them in your Mighty Network: your signature, Social Security Number, physical characteristics or description, driver’s license or state identification card number, passport number, bank account number, insurance policy number, education, employment, employment history, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

We may be able to infer Category B information from the fact that you belong to certain Mighty Networks; for example, if you belong to a Mighty Network for diabetics, we can infer that you are a diabetic.

C. Protected classification characteristics under California or federal law. We do not request any information in this Category C.

We do not collect any of the following examples of this category unless you post them in your Mighty Network: age (40 years or older), 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).

We may be able to infer Category C information from the fact that you belong to certain Mighty Networks; for example, if you belong to a Mighty Network for veterans of the Korean War, we could infer that you are a veteran.

D. Commercial information. We keep records of the products and services you have purchased from us and from hosts of Mighty Networks while in a Mighty Network.

We do not collect or keep records of personal property or purchasing or consuming histories or tendencies other than purchases you make on our Site.

E. Biometric information. We do not request any information in this Category E.

We do not collect any of the following examples of this category unless you post them in your Mighty Network: genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

We may be able to infer Category E information from the fact that you belong to certain Mighty Networks; for example, if you belong to a Mighty Network for people training for a marathon, you might post records of your daily mileage, and we would store that information as part of your Mighty Network’s content.

F. Internet or other similar network activity. We collect browsing history, search history, and information on your interaction with our Site and our advertisements.
G. Geolocation data. We collect your physical location or movements, if you have turned on geolocation on your device. We can also infer your general location by your IP address.
H. Professional or employment-related information. We do not collect current or past job history or performance evaluations, unless you provide this information in the content you post in your Mighty Network or if a particular job or profession is required or inferred by the fact of your membership in a particular Mighty Network. For example, the Host of a Mighty Network for creepy clowns may require that all members be professional clowns.

 

Personal Information does not include publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the CCPA’s scope, like 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, or 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.

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete when you join a Mighty Network.
  • Indirectly from you. For example, from observing your actions on our Services

2. How we use Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our Services, we will use that Personal Information to respond to your inquiry.
  • To provide, support, personalize, and develop our Services.
  • To create, maintain, customize, and secure your Member or Host account with us.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Services experience and to deliver content and product and service offerings relevant to your interests.
  • For testing, research, analysis, and product development, including to develop and improve our Services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Mighty Software’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Members and Hosts is among the assets transferred.

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.

3. What Personal Information we share

We may disclose your Personal Information to a third party for a business purpose. In the past twelve months, we have shared Personal Information in all of the categories listed in the table above in Section 1. The Mighty Networks Privacy Policy describes the categories of third parties with whom we share Personal Information (see Section 2), and for what business purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

4. What Personal Information we sell

Under the CCPA, we may also “sell” your Personal Information, subject to your right to opt out of these sales. The CCPA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt out of further sales. Defining “sold” to mean exchange for money, we do not and have not sold any Personal Information in the past twelve months. The CCPA defines sold to mean “disclosed for monetary or other valuable consideration.” Under that definition, we may be selling Personal Information to the service providers who drop cookies or other trackers on your devices, if those service providers would charge us a higher price for their services if they could not use trackers on our Services. You can opt out of these “sales” by opting out of cookies and other trackers, as explained in the Mighty Networks Privacy Policy at Section 4-E, F, G, and H.

5. Your rights

As a resident of California, you have certain rights under the CCPA:

A. Right to know.  You have the right to know (i) what categories of Personal Information we are collecting about you and for what purposes, (ii) the sources from whom we obtain Personal Information; (iii) what categories of Personal Information we are sharing and selling and for what purposes, and (iv) the categories of third parties to whom we are sharing or selling.

B. Right to access. You have the right to request that we disclose to you, in addition to the categories listed immediately above, the specific pieces of Personal Information we collected about you in the past twelve months.

C. Right to delete. 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. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • 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.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • 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.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

D. Right to data portability. You have the right to receive a copy of your electronic Personal Information in a readily-usable format.

E. Right to opt out of certain sharing with third parties. You have the right to direct us to stop disclosing your Personal Information to third parties for monetary or other consideration.

F. Exercising access, data, portability, and deletion rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at dpo@mightynetworks.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 a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that 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 the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see the Mighty Networks Privacy Policy at Section 4-E, F, G, and H.

G. Non-Discrimination.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • 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.

6. Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to DPO@mightynetworks.com or write us at: Attention:  Privacy at Mighty Software, Inc., 127 Lytton Ave, Palo Alto, CA 94301, Phone: 707-794-2437

7. Changes to this Privacy Notice

Mighty Software reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated notice on the Services and update the notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.‌

8. Questions about this Privacy Notice

If you have any questions or comments about this notice, the ways in which we collect and use your information described below and in our Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact us at:

Email: DPO@mightynetworks.com

Postal Address:  Attention:  Privacy, Mighty Software, Inc., 127 Lytton Ave, Palo Alto, CA 94301