Legal Information

This section of this Privacy Policy provides additional information for California residents and describes our information practices pursuant to the California Consumer Privacy Act, as amended (the “CCPA”). Depending on how you interact or engage with us, we may provide you with other privacy notices with additional details about our privacy practices.

This section applies to “personal information” as defined in the CCPA, whether collected online or offline. This section does not address or apply to our handling of personal information that is exempt under the CCPA.

Personal Information We Collect. Depending on how you use our website and services, we may collect (and have collected in the prior 12 months) the following categories of personal information:

• Identifiers, such as name, alias, email, phone number, billing address, unique personal identifier, online identifier, IP address, account name, or other similar identifiers.
• Customer Records , such as your account and profile information, communications preferences, billing and payment information, customer service and support tickets and records, and other information you provide to use our services.
• Internet or Other Electronic Network Activity Information, such as browsing history, clickstream data, search history, and information regarding interactions with our website and services, advertisements, or emails, including other usage data related to your use of any of our services.
• Geolocation Data, such as location information about a particular individual or device.
• Audio, Electronic, Visual, or Similar Information, such as information collected via call recordings if you are interacting with our customer service or if you call us on a recorded line, recorded meetings and webinars, videos, photographs, user profile images, and security camera footage to secure our offices and premises.
• Professional or Employment-Related Information, such as title, work email, work phone number, and employer.
• Inferences, such as inferences drawn from any of the information described in this section about a California resident including inferences reflecting the California resident’s preferences, characteristics, behaviors, attitudes, abilities, and aptitudes.

Categories of Sources of Personal Information. We generally collect personal information from the following categories of sources: directly from you, business partners, our clients, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.

Purposes for Collecting and Disclosing Personal Information. As described in the “Purposes for which we use your Personal Data” section above, in general, we collect and otherwise process the personal information we collect for the following business or commercial purposes: to perform the agreement with you/your company; communicating with you; providing technical support; providing and maintaining user accounts; for analytics and improvement; for marketing, advertising, and promotions; for conducting research and surveys; to plan and manage events; to conduct mergers, sales, or reorganizations; for security and the protection of rights; for compliance and legal process; for auditing, reporting, and other internal operations; and for general business and operational support.

Retention of Personal Information. We ensure that your personal information will not be stored longer than is necessary for the purpose it was obtained (such as to provide you with our services, to answer queries or resolve issues or to fulfil our contractual obligations), unless a longer period is necessary to comply with legal obligations (such as fiscal or legal obligations) or to defend ourselves against a legal claim. Generally, we will only retain personal information throughout the term of our business relationship and delete it as soon as possible thereafter, unless we are legally required to retain the information for a longer period. Rather than delete your personal information, we may also deidentify it by removing identifying details. Where we have committed to maintaining and using personal information in a deidentified form, we agree not to reidentify deidentified data except as permitted by applicable law.

Disclosure of Personal Information to Third Parties and Other Recipients. The categories of personal information we have disclosed for a business purpose in the preceding twelve months include: identifiers, customer records, commercial information, Internet or other electronic network activity information, geolocation data, audio, video, and other electronic data, inferences, and sensitive personal information.

The categories of third parties and other recipients to whom we may disclose personal information for a business purpose may include: our business clients, business partners, vendors and service providers, acquirers of business assets, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks.

Sales and Sharing of Personal Information. The CCPA defines "sale" as disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available personal information to a third-party for purposes of cross-contextual behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation, we may “sell” or “share” the following categories of personal information: identifiers, and Internet or other electronic network activity information. We disclose these categories to third-party advertising networks, analytics providers, and social networks for purposes of marketing and advertising. We do not sell or share personal information about individuals we know are under age 16.

Your CCPA Rights. The CCPA provides California residents with certain rights regarding their personal information.

Note that these rights only apply to personal information we collect and process under this Policy as a business or controller. For personal information we process on behalf of our business clients in our capacity as a service provider or processor, please submit your request directly to the business client with whom you have a relationship, and we will provide reasonable assistance to that business client as necessary to enable them to respond to your requests to exercise your privacy rights.

In general, California residents, including our business clients’ employees who reside in California, have the following rights with respect to their personal information, subject to certain exceptions:

Right to Know/Access. You have the right to request the following regarding the personal information we collect about you:

• The categories or personal information we collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purposes for collecting, selling, or sharing personal information;
• The categories of third parties to whom we have disclosed personal information; and
• A copy of the specific pieces of personal information we have collected about you.

Right to Correct. You have the right to request that we correct incorrect personal information.

Right to Delete. You have the right to request we delete your personal information.

Right to Opt-Out of Sales and Sharing. You have the right to opt-out of “sales” and “sharing” of your personal information, as those terms are defined under the CCPA. While we do not “sell” personal information in the traditional sense (i.e., for money), our use of third-party analytics and advertising cookies may be considered “selling” and “sharing” under CCPA. To exercise your right to opt-out of the “sale” or “sharing” of your personal information, click here.

You also have the right to opt-out of “sales” and “sharing” of your personal information through the use of an opt-out preference signal. If our Site detects that your browser or device is transmitting an opt-out preference signal, such as the “global privacy control”—or GPC— signal, we will opt that browser or device out of cookies on our Site that result in a “sale” or “sharing” of your personal information. If you come to our Site from a different device or from a different browser on the same device, you will need to opt-out, or use an opt-out preference signal, for that browser and/or device as well.

Right to Limit Use. We do not engage in uses or disclosures of “sensitive personal information” that would trigger the right to limit use of sensitive personal information under the CCPA.

Right to Non-Discrimination. We will not discriminate against you for exercising any of the rights described in this section.

Exercising Your CCPA Rights. If you are a California resident and would like to exercise your CCPA rights, you may do so via any of the methods described below:

• Calling us at +1 408-214-4760
• Email us at privacy@fortanix.com with the subject line, “California Rights Request”
• Filling out our webform at this link.

Verification. Before responding to your request, we must first verify your identity using the personal information you recently provided to us. You must provide us with your full name and email address. We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

Authorized Agents. You may designate someone as an authorized agent to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant California resident directly verify their identity and the authority of the authorized agent.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@fortanix.com.