California Consumer Privacy Act Notice

This Consumer Privacy Notice (“Notice”) is provided on behalf of Keep or Toss, Inc. (referred to hereinafter as “KOT,” “we” or “our”).  We are providing this Notice in accordance with our obligations under applicable law and as part of our commitment to handling your personal information responsibly and transparently.  Please review this Notice to understand our privacy practices, including what personal information we collect, why we collect it, and how you can exercise your rights with respect to your personal information. Certain terms used in this section have the meanings given to them in the California Consumer Privacy Act of 2018 (“CCPA”).

If you are not a California resident or this Notice does not otherwise apply to you, please refer to the Keep or Toss Privacy Policy at http://www.keeportoss/   for more information about how KOT handles personal information.

Categories of Personal Information KOT has collected from or about its Users in the preceding 12 months:

  • Identifiers (e.g. name, mailing address, email address, phone number, credit/debit card number)
  • Characteristics of protected classifications (e.g. gender, age)
  • Commercial information (e.g. products or services purchased and used)
  • Internet or other electronic network activity (e.g. browser or search history and how you interact with the app)
  • Geolocation data (e.g. latitude or longitude)
  • Inferences drawn from any of the above (e.g. preferences or characteristics)

Categories of Sources from which KOT has Collected Personal Information about Users:

  • Directly from you (e.g. from forms you complete or services you use)
  • Indirectly from you (e.g. from observing your actions on the app)

Business or Commercial purposes for which KOT has collected Personal Information about Users in the preceding 12 months:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to create an account or ask a question about our products or services, we will use that personal information to create the account and respond to your inquiry.
  • To provide, support, personalize, and develop our app, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • 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 app experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our App, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our App, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our App, products, and 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 the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our App users 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.

Categories of Personal Information KOT has sold about Users in the preceding 12 months:

  • None.  KOT does not sell Personal Information.

Sharing Personal Information

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. We share your personal information with the following categories of third parties: service providers.

Categories of Personal Information KOT has disclosed for a business purpose in the preceding 12 months:

    • Identifiers (e.g. name, mailing address, email address, phone number)
    • Characteristics of protected classifications (e.g. gender, age)
    • Commercial information (e.g. products or services purchased and used)
    • Internet or other electronic network activity (e.g. browse or search history and how you interact with the app)
    • Geolocation data (e.g. latitude or longitude)
    • Inferences drawn from any of the above (e.g. preferences or characteristics)

Non-Discrimination

KOT will not discriminate against you because you exercise your rights.  For example, KOT will not deny you services or charge you a different price or rate for services if you make an access, deletion, or do not sell request.

Your Rights and Choices

California residents have the following rights under the CCPA:

  • Right to request KOT disclose Personal Information, or Categories of Personal Information, it collects, uses, discloses, and sells
  • Right to request KOT delete Personal Information it has collected from you
  • Right to request KOT opt you out of the sale of your Personal Information (KOT does not sell your Personal Information)

Access to Specific Information and Data Portability Rights

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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • 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 or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
      • sales, identifying the personal information categories that each category of recipient purchased; and
      • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

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 Access, Data Portability, and Deletion Rights), 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 the information that are compatible with the context in which you provided it.

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 info@keeportoss.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

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. How- ever, 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.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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 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 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.

Changes

We reserve our right to change or adapt this Privacy Policy at any time in compliance with the applicable privacy or data protection regulations. We will tell you about any changes by posting an updated Notice and Privacy Policy on our website. Any change we make applies from the date we post it on the website. If you have any questions about this Notice or our Privacy Policy, please email us at info@keeportoss.com.

Last Update: 7/30/2020