Supplemental Privacy Notice for California Residents

Use and Retention of Personal Information

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.

To learn more about how we may use, or disclose the personal information we collect refer to our general privacy notice “how we use the data we collect”.

To learn more about the retention of personal information we collect refer to our general privacy notice “how long we use your data’.

Sharing Personal Information

We do not sell personal information, but we may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract.

To learn more about who we have shared information with in the preceding twelve (12) months, please refer to our published list of Pexip subprocessors and to “disclosure and storage of personal data” within our main privacy notice.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

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 twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights), we will disclose to you the following:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• If we disclosed your personal information for a business purpose, we will provide a list disclosing any disclosures made for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

We do not provide a right to know or data portability disclosure for B2B personal information.

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 (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to perform the following functions:

• 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct

You have the right to request correction of inaccurate personal information. Once we receive your request and confirm your identity (see Exercising Your Rights) we will:

• evaluate the contested information's accuracy;
• correct inaccurate information, provide alternate options, and make any required service provider/subcontractor notifications; and
• respond to the request in writing.

In some cases Pexip’s evaluation may determine that its version of the contested information is more likely than not accurate, Pexip may deny the consumer's request, in whole or in part in such cases. Pexip may also deny correction requests that:

• Conflict with federal or state law or qualify for an exception to the CCPA.
• Based on the circumstances, make compliance impossible or involve disproportionate effort.
• Pexip has a good faith, reasonable, and documented belief that the request is fraudulent or abusive.
• Were previously made and denied within the past six months, unless the consumer provides new or additional documentation to prove the contested information is inaccurate.
• Pexip cannot verify the consumer's identity to the requisite level.

Exercising Your Rights

To exercise your rights, please submit a request by either:

• Emailing us at privacy@pexip.com
• Submitting a request via our website

Only you, or someone legally authorized to act on your behalf, may make a request to exercise rights related to your personal information.

You may only submit a “request to know” twice within a 12-month period. Your 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 contact name or account name, and email address; 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.

You do not need to create an account with us to submit a request to know or delete. 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 the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact privacy@pexip.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us directly, we will respond to you directly. If you have an account through a Reseller we will deliver our written response to the Reseller. If you do not have an account and are using the service through a Reseller we will deliver our response to the Reseller.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. 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 usable 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 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.

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.

Pexip will protect employees, applicants for employment, and independent contractors exercising their CPRA rights from discrimination.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website or our Services following the posting of changes constitutes your acceptance of such changes.‌

Contact Information

If you have any questions or comments about this notice, the ways in which Pexip collects and uses your information described here and in our Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at privacy@pexip.com, or via our website.