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.

The CCPA requires us to disclose information regarding the categories of Personal Information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share it.

We or our service providers 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.

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. It also identifies the sources of the Personal Information, and the categories of third parties we share it with. 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.

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 do not sell your Personal Information within the meaning of the CCPA.

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. You can also delete your Mighty Network account (on a Network by Network basis); for instructions: https://faq.mightynetworks.com/hc/en-us/articles/205660435-Delete-or-Deactivate-Your-Account

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:

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 complete and submit this form. 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 consumer request for access or data portability twice within a 12-month period. You can also delete your account yourself, as explained in Section 5-C.

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:

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.

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., 2100 Geng Road, Suite #210, Palo Alto, CA 94303, Phone: 415-935-4253

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.

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., 2100 Geng Road, Suite #210, Palo Alto, CA 94303.