Special Privacy Notice for California Residents
Subject to certain limits under California Civil Code section 1798.83, California residents may ask XP League to provide them with (i) a list of certain categories of personal data that we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.
To make this request, you may contact XP League the email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) calendar days for a response. XP League reserves its right not to respond to such requests submitted to an address other than the one specified in the “Contact Us for More Information” section below.
CALIFORNIA’S CONSUMER PRIVACY ACT
Definitions Specific to this Policy
1. California Residents’ Rights Under the California Consumer Privacy Act
If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.
• The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.
You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.
• The right to access collected Personal Information
You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information.
You may submit a maximum of two requests in a 12-month period.
You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.
You are not required to create an account with us before submitting a verifiable request.
After receiving and verifying your request, we will provide the following information (depending on your request):
· The categories of Personal Information collected about you in the preceding twelve (12) months.
· The sources of that Personal Information by category.
· The business or commercial purpose(s) for collecting or selling that Personal Information.
· The categories of third parties with whom we shared that Personal Information.
· The specific pieces of Personal Information collected about you.
See the “Methods for Submitting CCPA Requests to XP League” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.
• The right to request deletion of Personal Information
With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.
We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:
· Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
· Debug to identify and repair errors that impair existing intended functionality of our systems.
· Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
· Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
o the research adheres to all other applicable ethics and privacy laws;
o deleting the Personal Information is likely to make the research impossible or seriously impair it; and
o you provided informed consent during the initial data collection.
· Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
· Comply with our legal obligations.
· Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
See the “Methods for Submitting CCPA Requests to XP League” section below for information on how you can exercise your right to delete collected Personal Information.
• The right to opt-out of the sale of Personal Information
You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling, “sale”, and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.
Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information after receiving the request, but before we are able to comply with the request, that you have exercised your opt-out right and instruct them not to resell the Personal Information.
However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale. You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.
See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information. • The rights of California consumers who are less than 16 years of age
Under California law, consumers who are less than 16 years of age must provide affirmative authorization, or a parent or guardian of a consumer less than 13 must provide affirmative authorization, before a business may sell their Personal Information. This is referred to as the “right to opt-in.”
• The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice. In particular, we have collected the types of Personal Information indicated in the chart below in the last twelve (12) months: Category Examples Collected
Category Examples Collected
Identifiers Name, signature, address, telephone email, account name, Social Security number, driver’s license number, passport number, online identifier, IP address Yes
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1797.80(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
California or federal law 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). Yes
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
Biometric Information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, face prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Yes
Internet or similar
network activity Browsing history, search history, information on a consumer's interaction with a website, or advertisement No
Geolocation data Physical location or movements Yes
Sensory data Audio, electronic, visual, thermal, olfactory or similar information No
Professional or employment related information Current or past job history or performance evaluations No
information 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. No
Inferences drawn from
information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. No
We obtained the Personal Information listed above from the following sources:
· Directly from you. For example, from your use of the Website or forms you complete on our Website.
· Indirectly from you. For example, through your interaction on our Website or with our advertisers.
· Information from other sources. We may get information about you from other sources such as social media sites if you tag or direct message XP League.
We may have collected, shared and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:
· To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product of service, we will use that information to process your payment.
· To provide, support, personalize, and develop our Website, products, and services.
· 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 Website and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
· To create and manage customer accounts and administer your participation in our programs, services and other offerings.
· To prevent fraud or to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· To protect the rights and interests of us and/or our independently owned and operated franchisees, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of others, or to prevent harm.
· To evaluate prospective franchisees of ours.
· As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
· 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.
We may have disclosed for a business purpose the following Personal Information to the specified categories of third parties in the preceding twelve (12) months:
· Personal Identifiers. Recipients of this information may include: Urban Air, The Little Gym, and Premier Martial Arts (collectively, “Affiliates”) and parent company (“XP League”) and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
· Personal information categories listed in the California Customer Records statute. Recipients of this information may include: Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
· Protected classification characteristics under California or federal law. Recipients of this information may include: Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
· Commercial information. Recipients of this information may include: Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
· Internet or similar network activity. Recipients of this information may include: Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
· Geolocation. Recipients of this information may include: Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
We may have shared or sold the Personal Information listed above with the following categories of third parties in the last twelve (12) months:
· Our Affiliates and Parent Company and their respective franchisees, service providers, cloud platform providers, business partners and third parties.
3. Methods for Submitting CCPA Requests to XP League
You have the right to submit a verifiable request to us by emailing us at: email@example.com.
See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.
4. Verification Process
Once we receive a request to know or to delete, we must verify your identity before we can respond. You will be required to provide the some or all of the following information for verification purposes:
· Your first and last name
· Your e-mail address
· Your telephone number
If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).
5. Authorized Agents
An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.
You may use an authorized agent to submit a request to know, to delete or to opt-out. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent to provide either (1) a power of attorney; or (2) proof of your signed permission. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.
6. Response Timing and Format
· Acknowledgement of receipt of request
We will confirm receipt of a request from you within ten (10) business days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.
· Substantive Response
We will respond to a verifiable request from you within forty-five (45) calendar days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) calendar days and explain the reason for the needed additional time. If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option. Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected (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.
We do not charge a fee to process or respond to a 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 and provide you with a cost estimate before completing the request.
· Acting upon opt-out requests
We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request.
7. Do Not Sell My Personal Information
You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.
If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by contacting us at: firstname.lastname@example.org.
You may also submit an opt-out request via the other methods described above in Section 3, including the toll free telephone number or in-store form.
8. Financial Incentive Offers
You have the right to receive equal service and price and not be discriminated against if you exercise any of your CCPA rights. However, from time to time we may offer certain financial incentives, as permitted by the CCPA that can result in different prices, rates, or quality levels of our products and/or services. 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.
Summary of Financial Incentives Offered.
From time to time, XP League may offer coupons, specials, and other discounts to consumers who have opted-in to receive marketing material from us by providing us with certain Personal Information.
Material Terms of Financial Incentives.
When we offer a financial incentive, the offer will include an explanation of the material terms of the incentive. The nature and value of any such offer or financial incentive may differ depending on what information we collect and use. Whether you consent to the financial incentive and whether you choose to allow us to collect and use other types of Personal Information about you affects how we communicate with you and the types and frequency of offers that you may receive. Most financial incentives we offer will involve one or more of the following categories of Personal Information:
Name, email address, zip code, password, birthday, order history, purchase history, and physical address.
How to Provide Opt-In Consent to Financial Incentive.
Participation in our financial incentive requires your prior opt-in consent. You can opt-in to participate in the financial incentives by indicating your consent when you request information from us.
How to Revoke/Withdraw Consent to Financial Incentive.
You may revoke your consent to any financial incentive (or opt-out) at any time by emailing us at: email@example.com.
Value of California Consumers’ Personal Information.
We do not assign a monetary value to the Personal Information that we collect and strive to only use that information to further our business in accordance with this Policy. To the extent that we are required to assign a monetary value to your Personal Information, it is equal to the value of the discount or financial incentive that we have provided to you.
9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
At the end of each calendar year, starting in 2022, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.
10. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use this Website, provide any information on this Website, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.
11. Contact Us for More Information
California consumers who have questions or concerns about our privacy policies and practices may contact a customer service representative by email at: email@example.com.
When contacting our customer service, please include in the communication the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication proof of authorization.