Project 9a Labs – Kaya and Plastick - California Resident Privacy Notice

 

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy https://kayaclimb.com/privacy-policy. It applies to individuals residing in California from whom we collect Personal Information as a business under the CCPA.

 

Personal Information Collection, Disclosure, and Sale

 

For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”).

 

Personal Information does not include information that is:

●      Lawfully made available from government records.

●      Deidentified or aggregated.

●      Otherwise excluded from the scope of the CCPA.

 

The chart below provides the categories of Personal Information (as defined by the CCPA) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve months since this notice was last updated, as well as the categories of sources from which that information was collected, and the categories of third parties with whom we shared Personal Information. The examples of Personal Information provided for each category reflect each category’s statutory definition and may not reflect all of the specific types of Personal Information associated with each category.

Category

We Collect

We Disclose

We Sell

Categories of Third Parties with Whom We Share Personal Information

A. Identifiers

Examples: Name, alias, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.

Yes

Yes

No

All

B. Categories of Personal Information in Cal. Civ. Code Section 1798.80(e)

 

Examples: Name, and physical characteristics or description.

Yes

Yes

No

All

C. Characteristics of Protected Classifications under California or Federal Law

 

Examples: Gender.

Yes

Yes

No

III, IV, V, VI, VII, VIII

D. Commercial Information

 

Examples: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

Yes

No

I, III, IV, V, VI, VII, VIII

E. Biometric Information

 

Examples: Physiological, biological, or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity, such as imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

No

N/A

N/A

N/A

F. Internet or Other Electronic Network Activity Information

 

Examples: Browsing history, search history, and information regarding a consumer's interaction with an internet website, application or advertisement.

Yes

Yes

No

I, IV, V, VI, VII, VIII

G. Geolocation Data

 

Example: Precise physical location.

Yes

Yes

No

III, IV, V, VI, VII, VIII

H. Sensory Information

 

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

No

N/A

N/A

N/A

I. Professional or employment-related information

 

Examples: Job application or resume information, past and current job history, and job performance information.

No

N/A

N/A

N/A

J. Non-Public Education Information (as defined in 20 U.S.C. 1232g; 34 C.F.R. Part 99)

 

Examples: Records that are directly related to a student maintained by an educational agency or institution or by a party acting for the agency or institution.

No

N/A

N/A

N/A

K. Inferences Drawn from Personal Information

 

Examples: Consumer profiles reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes

Yes

No

I, III, IV, V, VI, VII, VIII

In the preceding twelve months, we have not sold any California resident’s Personal Information.

 

Use of Personal Information

 

We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:

 

  1. Provide you with the Services. We will use your Information to perform our contractual obligation towards you to allow you to create an account and use the Services and to subscribe to paid services should you choose to.  This includes logging your climbing and workout activity on the App.  The Information we process when doing so includes your registration information, information you provide to us when using the Services, identifiers, information you generate when using the Services, and information regarding your use of the Services such as transaction information. If you are a subscribed user of the Plastick Website, we will use your payment information for payment processing purposes as well as sales tax collection and reporting as required by law.  If you consent,  we will use your GPS location to enable you to find your closest gyms and climbing destinations.

2.     Allow you to participate in social features of the Services.  We will use your Information to perform our contractual obligation towards you to allow you to participate in social features offered as part of the Services, if you choose to do so.  This includes, on the App, allowing you to partake in challenges, share your performance and activity, chat with other users including coaches, post information on your social feed, and interact with the social feeds of others. The information we process when we do so includes registration information, and information you provide and that is generated about you when you use the Services. 

3.     Improve and monitor the Services.  It is in our legitimate interests to improve our Services for our customers, including improving the security of our Services and fixing bugs, crashes and errors.  When doing so, we may collect information we automatically collect or is generated about you when you use the Services, including identifiers, as well as non-personal information about your device such as device manufacturer, model and operating system, and the amount of free space on your device.

4.     Provide you with support and to respond to your requests or complaints. If you reach out to us for support, we will use your Information to respond to and resolve your queries and complaints and facilitate support (e.g. retrieval of a forgotten password). When doing so, we perform our contractual obligation towards you. The Information we process when doing so includes your registration information, your identifiers, and any other information about you collected via our customer support channels.

  1. Deliver challenge prizes.  If you partake in a challenge and win a prize or reward, we use your Information to perform our contractual obligation to send you such prize.  The Information we process when doing so includes prize payout information, registration information and information you generate while using the Services.

6.     Market and publicize the challenges.  If you partake in a challenge and are successful, it is in our legitimate interests to process and share with the relevant challenge partners your name and email address to minimize cheating and foster a fair playing field for participants, and for our challenge partners to contact you should you win. 

7.     Conduct analytics. It is in our legitimate interests to analyze the use of, and any other interaction or interest in our Services. When doing so we will process information we automatically collect or is generated about you when you use the Services to create anonymized and aggregated data regarding your App or Website usage.

8.     Send you newsletters about product news, updates and promotions that may be of interest to you. We will send you emails with daily reports, newsletters with product news, and tips and tricks to use our Services. When doing so, we process your registration information and information about your Services usage. Where it is required, we will only do so where we have your consent. Your consent can be withdrawn at any time by following the unsubscribe mechanism at the bottom of each communication.

9.     Provide you with advertising.  We will present you with ads and suggestions in our Services and elsewhere.  These may be ads relating to our own Services, or other services and brands you may be interested in.   If you have consented, these ads and suggestions will be tailored specifically to you.  Your consent can be withdrawn at any time.  In situations where your Information is not used to tailor these ads to you, we provide ads on the basis of our legitimate interests.  To tailor ads we process Information we automatically collect or is generated about you when you use the Services, as well as Information you provide to us. 

10.  Prevent fraud, defend 9a Labs against legal claims or disputes, enforce our terms and to comply with our legal obligations. It is in our legitimate interest to protect our interests by (1) monitoring the use of the Services to detect fraud or any other user behavior which prejudices the integrity of our Services, (2) taking steps to remedy aforementioned fraud and behavior, (3) defending ourselves against legal claims or disputes, and (4) enforcing our terms and policies. When doing so, we will process the Information relevant in such a case, including information you provide us, information we automatically collect about you, and information which is provided to us by third parties.

11.  Conduct surveys. From time to time, we may ask you to participate in surveys we conduct which are in our legitimate interest because they help us understand our userbase and improve the Services. If you participate, we process your registration information and any other information collected through the survey questions.

  1. Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

 

Collection of Personal Information

 

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:

 

  1. You/Your Devices: You or your devices directly.

  2. Users: Other users of our services.

  3. Affiliates.

  4. Advertising Networks.

  5. Analytics Providers.

  6. Social Networks.

  7. Partners: Business partners.

  8. Public: Publicly accessible sources.

 

Disclosure of Personal Information

 

Pursuant to our Privacy Policy, https://kayaclimb.com/privacy-policy we share your Personal Information with the following categories of third parties:

 

  1. Analytics Providers.

  2. Social Networks.

  3. Affiliates.

  4. Vendors: Vendors and service providers.

  5. Integrated Third Parties: Third parties integrated into our services.

  6. Third Parties as Legally Required: Third parties as required by law and similar disclosures.

  7. Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.

  8. Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.

 

Your California Privacy Rights

 

If you are a California resident, you may exercise the following rights.

 

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.

 

Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

 

Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please authenticate your account by logging into your account.

 

Submit Requests. To exercise your rights under the CCPA, please send an email via our Contact Information section, or visit our website https://www.kayaclimb.com.

 

Authorizing an Agent. To authorize an agent to make an opt-out request on your behalf, please send a written authorization signed by you and the authorized agent to us via the Contact Information section.

 

Contact Information

If you have any questions, comments, or concerns about this notice or our processing activities, or you would like to exercise your privacy rights, please email us at [email protected] or write to us at 1100 Mandana Blvd, Oakland, CA 94610.

 

Last Reviewed and Updated: August 2, 2020