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California Privacy Notice

Effective Date: Feb 8, 2023

This Privacy Notice for California Residents supplements the information contained in the Privacy Policy for A Red Diamond Affair LLC (collectively, "Lookbyfare", "We," "Us," or "Our") and 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"), the California Privacy Rights Act ("CPRA") and other California privacy laws. Any terms defined in the CCPA or the CPRA have the same meaning when used in this notice. Any terms defined in the Privacy Policy not otherwise defined herein have the same meaning when used in this notice

Lookbyfare collects 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"). We limit our collection, retention, and use of personal information to the minimum extent necessary to provide you with our goods and/or services consistent with applicable data retention laws.

Lookbyfare has collected the following categories of personal information from its consumers within the last twelve (12) months:

Category Examples Collected
Identifiers A real name, alias, postal address, identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. Yes
Personal information listed in the California Customer Records statute (Cal. Civ. Code § 1798.140) 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, biometric information, precise geolocation, racial and ethnic origin, or health insurance information. Some personal information included in this category may overlap with other categories. This list is not exhaustive of all examples. Yes
Protected classification of 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). Yes
Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes
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
Internet or other similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. Yes
Geolocation data Physical location or movements. Yes
Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. No
Professional or employment related information Current or past job history or performance evaluations. No
Non-public education information (per the Familiy 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
Inferences drawn from other personal information Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes

Personal information does not include:

  • Publicly available information from government records.
  • Lawfully obtained, truthful information that is a matter of public concern.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    1. 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;
    2. 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.

Lookbyfare obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.

USE OF PERSONAL INFORMATION

For information generally on how we use your personal information and to which entities, please refer to our Privacy Policy here.

SHARING PERSONAL INFORMATION

For information generally on how we share your personal information and to which entities, please refer to our Privacy Policy here.

Disclosure of Personal Information

In the preceding twelve (12) months, Lookbyfare has disclosed the following categories of personal information 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.

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

  • Service providers.

Sales of Personal Information

In the preceding twelve (12) months, Lookbyfare has not sold personal information and will not do so in the future without first providing you with notice and an opportunity to opt-out of such sale as required by law. We do not offer any incentives associated with our collection, use, and disclosure of your personal information.

YOUR RIGHTS AND CHOICES

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

Access to Specific Information and Data Portability Rights

You have the rights to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Effective January 1, 2023, you have the right to request any information collected regardless of when it was collected, unless doing so proves impossible or would create a disproportionate effort for Lookbyfare. Once we receive your request and verify your identity, 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, sharing, 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:
    1. Sales, identifying the personal information categories that each category of recipient purchased; and
    2. Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Correcting Inaccurate Information

Effective January 1, 2023, you have the right to request that we correct certain personal information we have collected about you to the extent that such information is inaccurate. Once we receive your request and verify your identity, we will review your request and use commercially reasonable efforts to correct the inaccurate information unless your request is subject to an exception that allows or requires us to refrain from acting in response to your request. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. It is important to note that any request for correction is limited by the legal rights of Lookbyfare and our third-party business partners as it relates to the content on our Website, including without limitation legally protected rights related to freedom of speech, freedom of the press, or freedom of information.

Deletion Request Rights

You have the right to request we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive your request and confirm your identity, we will review your request to see if your information is subject to any exceptions that allow or require us to retain your information. If no exception applies, we will delete or deidentify (and direct our service providers to delete) your personal information from our records.

We may deny your deletion request if retaining the information is necessary for us or our service providers 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 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; and
  • 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 your rights pertaining to access, data portability, opt out, or deletion described above, please submit a verifiable consumer request to us in one of the following ways:

By Email: [email protected].

By Mail: 25 Creekside Court, Secaucus, New Jersey 07094, United States

By Phone: +1-248-274-7239

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; 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. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. We may request a copy of your government issued identification to verify you are the person whose information we collected, or their authorized representative.

Response Timing and Format

We will confirm receipt of your request within fourteen (14) business days. 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.

Do Not Sell or Share My Information

You have the right to opt of the sale of your personal information to a third party. Effective January 1, 2023, you have the right to opt out and request your personal information not be shared with third parties for those third parties’ behavioral advertising purposes. Please note that this does not stop Lookbyfare from distributing this information within our organization across business units. Additionally, your right to opt out does not stop all transfers to third parties as we can continue to provide your personal information to our service providers pursuant to a written contract that meets requirements within the CCPA. Furthermore, we can continue to provide data that does not meet the definition of personal information.

This right to opt out applies to all California consumers ages 16 or older and may be exercised at any time. We will honor all such requests unless you subsequently decide to opt-in to the sale of your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

The sale of personal information does not include if you direct Lookbyfare to interact with a third party, Lookbyfare alerts third parties that you have opted out, the sharing of information is necessary to perform a business purpose and meets the other conditions specified, or the information is transferred as part of an asset in a merger, acquisition, bankruptcy or other change of control of Lookbyfare.

Separate from the CCPA and CPRA, California residents also have the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes under California’s Shine the Light law. We do not disclose your personal information to third parties to enable them to directly market their goods or services to you unless you request such disclosure.

Exercising Opt-Out Rights

If you wish to exercise your right to opt out, please click here: Do Not Sell My Personal Information. We will honor your request for twelve (12) months before we ask you to opt-in to the sale of your personal information.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA or CPRA rights. Unless permitted by applicable law, 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

Lookbyfare reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on our Website and update the notice's effective date. Your continued use of our Website 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 Lookbyfare collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or you wish to exercise your rights under California law, please do not hesitate to contact us in the following ways:

By Email: [email protected]

By Mail: 1 Meadowlands Plaza Suite 200, East Rutherford, NJ 07073, United States

By Phone: +1-248-274-7239