Creative Candor MOBILE CCPA PRIVACY POLICY

Effective Date: January 1, 2024

Last Updated: September 25th, 2020

Creative Candor LLC ("Creative Candor", "we", "us", "our") is committed to protecting the privacy of your information, and takes the responsibility of protecting the personal information that you provide to us via the Candor web application (the "App") seriously. This Privacy Policy sets forth Creative Candor's privacy practices and the possible collection, uses, maintenance, and disclosure of the information that it gathers from you via the Apps (the "Privacy Policy").

  1. SCOPE OF THIS POLICY

This Privacy Policy applies only to information we collect in the App and in email, text, and other electronic communications sent through or in connection with the App. This Privacy Policy does not apply to information that we collect offline or on any of our other applications or websites, including links to or information about other websites you may access through the App that are outside the control and/or custody of Creative Candor, including any third party through any application or content that may link to or be accessed from or on this App.

Our Statement is designed to comply with applicable laws and regulations, including the California Consumer Privacy Act ("CCPA"), to ensure the privacy and security of personal information. All terms referenced in this Statement not otherwise defined are defined by their meaning under the CCPA.

Creative Candor does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on an external website, even if one or more pages of the external website are framed within a page of this App. Creative Candor is not responsible for the privacy practices of any external website.

We encourage you to review the privacy policies of each of those sites to obtain an understanding of how your information is used or shared by those third-parties.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time. Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

  1. INFORMATION COLLECTED

Creative Candor collects information from and about users of the App 1) directly from you when you provide it to us, and 2) automatically when you use the App.

Personal Information. Creative Candor provides various information and content through the App to users who have registered with or otherwise utilize the App. During registration, Creative Candor requires individuals to provide contact information, such as an email address and a username ("Personal Information"). You may also be asked to provide additional information to confirm your identity for password establishment, re-setting, and for other purposes.

Location Information.We collect information about your geographic location. For example, if you create a business page in association with your account, you must provide to us an address and/or we shall collect your geographic location through your mobile device to pre-populate an address.

Usage Data.Creative Candor may collect information from your interaction with the App, such as statistics in connection with page views, IP address, and standard web log information.

Children Under 13.Creative Candor does not knowingly collect any Personal Information from or about a child under the age of 13 without the consent of the child's parent or legal guardian. If we discover that we have inadvertently collected information from a child under 13 years of age, we will promptly take all reasonable measures to delete that data from our systems.

Cookies.A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

Web Beacons.Pages of the App (and our emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages (or opened an email) and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

  1. USE OF INFORMATION COLLECTED

Direct Marketing . By providing Personal Information on the App during registration, you consent to Creative Candor's use of your Personal Information for marketing purposes. If you do not wish to receive marketing communications from Creative Candor, you may unsubscribe in the marketing email or communication sent to you by following the instructions in that communication.

Mailing Lists . By registering, you will be added to Creative Candor’s mailing lists associated with the App that we provide for your convenience. You may unsubscribe from Creative Candor's mailing lists at any time by clicking on the opt-out line at the bottom of each E-newsletter.

Combination; Aggregated Information . We may on occasion combine information we collect through the App with information that we collect from other sources. Creative Candor may share aggregated anonymous information with third parties, but this aggregated anonymous information cannot be matched with you personally unless you voluntarily share your Personal Information with the third party advertisers.

  1. PROTECTION OF YOUR INFORMATION

Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while Creative Candor attempts to protect all Personal Information, Creative Candor cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Creative Candor will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.

  1. INFORMATION SHARING

We may disclose your personal information to a third party for a business purpose. 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. 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.

We may disclose your Personal Information to its affiliates, as well as third party partners as follows below:

1 Service Providers. Your information may be shared with third party service providers that assist Creative Candor in various ways, such as, for example, in providing content through the App, sending emails, or others.

2 Law Enforcement. Your information may be shared with law enforcement officials if it relates to a criminal investigation or alleged illegal activity;

3 Necessary or for Safety Reasons. Creative Candor may also disclose your information if required or permitted to do so by law, for fraud protection and credit risk reduction purposes, or in the good-faith belief that such action is necessary to protect and defend the rights or property of Creative Candor or the users of the App, to act under urgent circumstances to protect the safety of Creative Candor or its employees or a member of the public, or to comply with a judicial proceeding, court order, or legal process.

4 Sale or Acquisition of Assets. If Creative Candor becomes involved in a transaction involving the sale of its assets, such as a merger, acquisition, or one-time sale of assets as part of a winding up or dissolution of the App, or if Creative Candor is transferred to another company, Creative Candor may disclose and/or transfer your information as part of the transaction. If the surviving entity in that transaction is not Creative Candor, the entity may use your information pursuant to their own privacy policies, and those policies may be different from this Privacy Policy.

5 General Marketing. We may transfer information to third parties who practices are not covered here if such third parties wish to market products or services to you.

Disclosures of Personal Information for a Business Purpose.In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose and to the following categories of third parties:

Please see the chart above.

Sales of Personal Information.In the preceding twelve (12) months, we have not sold your personal information.

  1. YOUR RIGHTS AND CHOICES
  1. Right to Know What Information We Have Collected, Disclosed, and Sold .

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

  1. Deletion Request Rights.

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 (see Exercising These Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

  1. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
  2. 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.
  3. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  4. Debug products to identify and repair errors that impair existing intended functionality.
  5. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  6. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  7. 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.
  8. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  9. Comply with a legal obligation.
  10. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

  1. Right to Opt-Out of the Sale of Personal Information.

We do not sell your personal information.

  1. Right to 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.

We do not offer financial incentives at this time. 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. Should we offer a financial incentive, we will notify you through this Policy. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

  1. Exercising These Rights.

We will take reasonable steps to verify your identity prior to fulfilling the above requests. You may only make a verifiable consumer request for disclosure or deletion 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, which may include providing us with your personal information that we likely already collect; and
  • 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. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. An authorized agent may make a request under the CCPA on your behalf using the same method described above. You may also make a verifiable consumer request on behalf of your minor child.

  1. OTHER CALIFORNIA PRIVACY RIGHTS

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App 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 use our web contact form located at https://usecandor.com/contact.

  1. CHANGES TO OUR PRIVACY POLICY

This policy was last modified at the date first printed above. Creative Candor reserves the right to update this Privacy Policy from time to time, and you should check this page periodically for changes. Creative Candor will provide notification of material changes to this Privacy Policy through the App at least thirty (30) days prior to the change taking effect. Your continued use of the App following the posting of changes constitutes your acceptance of such changes.