Volcon, Inc. (“Volcon”) respects the privacy of others.  This Privacy Policy (this “Privacy Policy”) is intended to explain Volcon’s privacy practices with respect to the website(s) that links to this Privacy Policy (together with its respective pages and features, the “Site”).  This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

  • the type of information about you Volcon collects through the Site;
  • how Volcon collects such information;
  • how Volcon uses such information;
  • who will have access to such information; and
  • Volcon’s security measures for protecting such information.

This Privacy Policy applies to information collected through the Site.  Carefully read this Privacy Policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Volcon’s Terms and Conditions, whenever you create, register with or log into an account on or through the Site.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Volcon’s Terms and Conditions, whenever you visit, access, register with, subscribe to or use the Site or any services provided by Volcon on the Site; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that relates to an identified or an identifiable individual (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Volcon may collect from you, such as anonymized data

1.               A Special Note About Minors.

The Site is a general audience website intended for use by adults.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Volcon does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age.  If Volcon obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Volcon remove content or information about you that is posted on the Site.  Please submit any such request (“Request for Removal of Minor Information”) to [email protected], with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

a.   the nature of your request;

b.   the identity of the content or information to be removed;

c.   whether such content or information is found on the Site;

d.   the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);

e.   that the request is related to the “Removal of Minor Information;”

f.    your name, street address, city, state, zip code and email address; and

g.   whether you prefer to receive a response to your request by mail or email.

Volcon is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that Volcon is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Volcon to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Volcon anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Volcon’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Volcon is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2.               Categories of Information Collected.

Volcon may collect personal and non-personal information about you through the Site.  Depending upon your use of the Site, the categories of such information might include:

  • Your name (first, last and/or middle) and unique identifiers (e.g., username);
  • Your login information for the Site (e.g., username, password, security questions and answers);
  • Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
  • Your gender;
  • Your date of birth;
  • Your electronic signature;
  • Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
  • Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
  • Information related to your inquires about possible advertising opportunities with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);
  • Information related to your inquiries about possible employment with Volcon and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
  • Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
  • Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
  • Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
  • Information about third parties that you refer to Volcon (e.g., name, email and/or other contact information, relationship);
  • Information set forth in your online account registration, user profile, and/or user directory forms for the Site;
  • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Your name associated with your mobile device;
  • Your telephone number associated with your mobile device;
  • Your geolocation; and/or
  • Your mobile device ID information.

3.               How Information Is Collected.

Depending upon your use of the Site, Volcon might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Volcon asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Volcon a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then Volcon may collect any personal or non-personal information provided therein or therewith.

Finally, Volcon might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message.  They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
  • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device.  Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.
  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.
  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
  • Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens).  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the Site.
  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.

By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving Volcon permission to monitor or otherwise track your activities on the Site, and that Volcon may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4.               Use of Information Collected.

Volcon may use the personal and/or non-personal information it collects from you through the Site in a variety of ways, such as, for example, to:

  • Fulfill your requests;
  • Process your payments;
  • Place, fulfill, process and/or track your orders and purchases;
  • Facilitate your movement through the Site;
  • Facilitate your use of the Site and/or its respective products and services;
  • Provide customer service;
  • Send you communications like, for example, administrative emails, answers to your questions and updates about the Site;
  • Allow you to communicate with others through the Site like, for example, through online forums, chat rooms, and bulletin boards;
  • Provide you with information about Volcon, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
  • Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
  • Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
  • Improve the Site and/or its respective content, features and services;
  • Improve the products, services, marketing and/or promotional efforts of Volcon and/or its parent, subsidiary or affiliated companies;
  • Create new products, services, marketing and/or promotions for Volcon and/or its parent, subsidiary or affiliated companies;
  • Market the businesses, products and/or services of Volcon and/or its parent, subsidiary or affiliated companies;
  • Help personalize user experiences with the Site and/or its respective products and services;
  • Analyze traffic to and through the Site;
  • Analyze user behavior and activity on or through the Site;
  • Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Volcon, its parent, subsidiary or affiliated companies, the Site, and/or their respective products and/or services;
  • Monitor the activities of you and others on or through the Site;
  • With your consent;
  • Create device fingerprints and profiles about the possible relationships among different browsers and devices;
  • Create consumer profiles, which may combine your personal or non-personal information from the Site with your personal or non-personal information from another source or service;
  • Protect or enforce Volcon’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or
  • Protect or enforce the rights and properties of others (which may include you).

Volcon reserves the right to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
  • Volcon believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of Volcon, a user of the Site which may include you or anyone else who may be harmed by such activities or to further Volcon’s legitimate business interests).

5.               Sharing of Information Collected.

Volcon may share your personal information with the following:

  • Volcon’s employees, agents and administrators;
  • Volcon’s accountants, financial advisors and legal advisors;
  • Volcon’s parents, subsidiaries and affiliates;
  • Service providers and other third parties who help Volcon provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site, who help Volcon develop, market or provide its products and services, or who help further Volcon’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners), as needed in order for them to perform such services;
  • Law enforcement or other governmental entities in response to what Volcon believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose Volcon to liability if it does not act or comply;
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect and enforce its rights and properties, including, without limitation, to enforce its rights under Volcon’s Terms and Conditions or any other agreements Volcon has with you, and to protect and enforce its intellectual property rights; and/or
  • Any third parties who Volcon believes are necessary to help or allow Volcon to protect the rights and properties of other (which may include you), assuming that Volcon believes it has an obligation to do so.

Volcon also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of Volcon or Volcon’s business (whether by sale of assets, merger, stock purchase or otherwise).

Volcon does not limit the ways in which it might use or share non-personal information – and Volcon reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.  For example, Volcon may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site.  You may choose to share your contact information with other users or provide it publicly.

6.               Data Retention.

Volcon may retain your personal information and non-personal information for as long as it reasonably necessary for a legitimate business purpose.  Volcon may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Volcon concerning the same or as required by law.

7.               Transactions.

In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. 

By submitting such information, you consent to providing such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction. All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application. This online payment processing application provided by a third-party online payment processing vendor. 

8.               Third Parties and Their Applications and Networks.

The Site and/or any communications sent through or as a function of the Site might contain links to third-party websites, networks, platforms, servers and/or applications.  Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site.

In addition, you might have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  Volcon might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, Volcon might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies). 

You should carefully review the relevant terms of use and privacy policies associated with third party websites, networks, platforms, servers and applications. 

9.               Security.

Volcon implements security measures to help protect the personal information it collects through the Site.  For example, Volcon encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

To help maintain the security of your personal information, Volcon asks that you please notify it immediately of any unauthorized visit, access or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username or password).

10.            Retention, Review, and Change of Information Collected.

You may request at any time that Volcon provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to [email protected], with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

a.   the nature of your request;

b.   that the request is related to “Your Personal Information;”

c.   your name, street address, city, state, zip code and email address; and

d.   whether you prefer to receive a response to your request by mail or email.

Volcon is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11.       California Privacy Rights  

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA Privacy Notice below.

12.       Canada Privacy Rights 

If you are a Canadian Citizen, then, pursuant to Principle 9 of the Model Code for the Protection of Personal Information, you have the right to request the existence, use and disclosure of your personal information and be given access to that information. You are further able to challenge the accuracy and completeness of the information and have it amended as appropriate. Specifically, you are entitled to obtain free of charge, information from us regarding whether or not we have any of your personal information, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed. Please submit any such request (“Canada Privacy Rights Request”) to any one of the following: By mail: Volcon, Inc., Attn. Canada Privacy Agent, [email protected], with a subject line of “Your Canada Privacy Rights”. By email: [email protected] with a subject line of “Your Canada Privacy Rights – Attn. Canada Privacy Agent”.  For each Canada Privacy Rights Request, please state “Your Canada Privacy Rights” in the email or letter subject line, and clearly state the following in the body: (a) the nature of your request; (b) that the request is related to “Your Canada Privacy Rights;” (c) your name, street address, city, state, zip code and email address; and (d) whether you prefer to receive a response to your request by mail or email. If you send a Canada Privacy Rights Request by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. We will not accept a Canada Rights Request via telephone or fax; and are not responsible for a Canada Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. Finally, as explained further above, we do not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, we are not responsible for, and you hereby release us from, any and all liability which may arise from, such third parties’ unauthorized collection of your personal information. 

13.       Users in the EU, EEA, UK, and Switzerland.

Data Controller

Volcon is the data controller of the personal information collected and processed through your use of the Site. 

You may contact us by mail, by email, or by telephone.

By mail:

3267 Bee Caves Road, Suite 107-322
Austin, TX 78746

By email:  [email protected]

By telephone: (512) 400-4271

Purposes of Processing and Legal Basis for Processing

As explained above, we process personal information in various ways depending upon your use of our Site.  We process personal information on the following bases: (1) with your consent; (2) as necessary to perform a contract when you request services; and (3) as necessary for our legitimate interests in providing you with our products and services, enhancing our web services, conducting analytics, and delivering relevant advertising.

Your Rights Regarding Personal Information

a.  Access and Confirmation.  You have the right to ask us if we process personal information about you, and in some circumstances, to obtain a copy of your personal information. 

b.  Deletion and Blocking.  Under certain circumstances, you may have the right to have your personal information deleted or blocked without undue delay. 

c.  Direct Marketing.  You have the right to object to our processing of your personal information for direct marketing purposes.

d.  Consent.  To the extent we are processing personal information on the basis of your consent, you have the right to withdraw consent at any time. 

e.  Data Portability.  Under certain circumstances, to the extent we are processing your personal information on the basis of consent, or that it is necessary to perform a contract with you, and the processing is carried out by automated means, you have the right to receive the personal information in a structured, commonly used and machine-readable format.

To exercise the rights set forth above in subsections a-e, please contact us at [email protected].

f.  Right to Lodge a Complaint.  You have the right to lodge a complaint about our data collection and processing actions with the supervisory authority in your country.

Transfers

We are headquartered in the United States of America. Personal information may be accessed by us or transferred to us in the United States. The European Commission has not determined that the United States ensures an adequate level of protection for personal information.  

By providing us with personal information, you consent to the storage or processing of your personal information in the United States and acknowledge that the personal information will be subject to the laws of the United States, including the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your personal information.

We will protect the privacy and security of personal information according to this Privacy Policy, regardless of where it is processed or stored.

14.       Online Tracking.

Volcon does not respond to “do not track” (DNT) signals.

15.       Modifications of this Privacy Policy.

We regularly review and revise our Privacy Policy. We make changes to the Privacy Policy available on this page and note that the policy has been updated.  If we make material changes to how we treat your personal information, we will notify you by email to the primary email address specified in your account and through a notice on our home page. 

16.       Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

17.       Contact Us.

Please direct any questions you may have about this Privacy Policy to [email protected], with a subject line of “Privacy Policy.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

18.       Mergers, Acquisitions, and Other Business Transactions

Volcon may decide to sell, buy, merge or otherwise reorganize its business.  If that occurs, you will be notified by email or a prominent notice on our webpage of any ownership change and any change in the use of your personal information.  These types of transactions may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers.  We seek appropriate protection for personal information in these types of transactions. 

19.       Modification Date.

This Privacy Policy was last modified on November 13, 2020.


PRIVACY STATEMENT-CALIFORNIA

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Statement”) supplements the information contained in the Privacy Policy, which is incorporated by reference as if set forth herein.  This Privacy Statement applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The categories of information set forth in the chart below are those defined in the CCPA.  This does not mean that all examples of that category of personal information were in fact collected, but reflects a good faith belief that to the best of our knowledge that some of that information may have been collected.  In particular, we have collected the following categories of personal information from consumers within the last 12 months:

CategoryExamplesCollected
A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(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
C. Protected classification characteristics under 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).NO
D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES
E. 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, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.NO
F. Internet or other similar network activity.Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.YES
G. Geolocation data.Physical location or movements.YES
H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.NO
I. Professional or employment-related information.Current or past job history or performance evaluations.NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).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
K. Inferences drawn from other personal information.Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.NO

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from our customers.
  • Directly and indirectly from activity on the Site.  For example, from submissions through our website portal or website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, fulfilling one of your orders.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve the Site and present its contents to you.
  • For testing, research, analysis and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
  • 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 our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us 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.

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.

In the preceding 12 months, we have not disclosed personal information to a third party for a business purpose:

Category A:            Identifiers.
Category B:            California Customer Records personal information categories.
Category D:            Commercial Information

Category F:             Internet or other similar network activity.

Category G:            Geolocation Data

We may disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding 12 months, we have not sold any personal information.

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.

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, 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, 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 providers to:

  1. 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.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that 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 us by either:

Only you or a person registered with the California Secretary of State that you authorize 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.  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 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 by mail or electronically, at your option.  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.

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.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (512) 400-4271
Email: [email protected]

Postal Address: 3267 Bee Caves Road, Suite 107-322
Austin, TX 78746