1. PRIVACY[A1]  NOTICE FOR CALIFORNIA RESIDENTS

This Section 14 shall apply only to the extent that we are regulated as a business (as defined in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively with any regulations promulgated thereunder, the “CCPA”)) under the CCPA. This Section 14 shall apply to you only if you are a California resident. Upon request, alternative formats of this Privacy Policy are available to individuals with a disability.[A2] 

As used in this Section 14, “sell” (including any grammatically inflected forms thereof) means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information (as defined below) to a third party for monetary or other valuable consideration.

As used in this Section 14, “share” (including any grammatically inflected forms thereof) means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, consumer information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions with a third party for cross-context behavioral advertising for our benefit in which no money is exchanged.[A3] 

The terms “selling” and “sharing” do not include (i) disclosing consumer information to a third party at your direction, (ii) where you intentionally interact with one or more third parties, or (iii) transfers of your consumer information to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Aptima, provided that information is used or shared consistently with the CCPA.

1.1  Consumer Information Collected

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California residents or households (“consumer information”). Consumer information does not include deidentified or aggregated information, publicly available information or lawfully obtained, truthful information that is a matter of public concern, or any other information that is excepted from the definition of “personal information” under the CCPA, or any information that is otherwise not regulated by the CCPA. For purposes of this Section 14.1, “publicly available information” means information that is lawfully made available from federal, state, or local government records, or information that we have a reasonable basis to believe is lawfully made available to the general public by you or from widely distributed media, or information made available by a person to whom you have disclosed the information if you have not restricted the information to a specific audience. 

For purposes hereof, “sensitive consumer information[A4] ” means: (1) consumer information that reveals (A) your social security, driver’s license, state identification card, or passport number; (B) your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) your precise geolocation; (D) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of your mail, email, and text messages, unless we are the intended recipient of the communication; (F) your genetic data; (G) your neural data; and (2)(A) consumer information consisting of biometric information processed for the purpose of uniquely identifying you; (B) consumer information collected and analyzed concerning your health; or (C) consumer information collected and analyzed concerning your sex life or sexual orientation. We do not use or disclose your sensitive consumer information.

To [A5] the extent we consider Deidentified Data outside the scope of the CCPA because it is not identifiable, then, to the extent required by the CCPA, Aptima hereby publicly commits to process Deidentified Data in its possession only in a de-identified fashion and not attempt to re-identify such Deidentified Data. “Deidentified Data” means data that cannot reasonably be used to infer information about, and that cannot reasonably be linked to, an identified or identifiable California resident.

In particular, with respect to the Service, we have collected the following categories of consumer information from California residents or households within the last twelve (12) months[A6]  and, in connection therewith, we may collect the following categories of consumer information from California residents or households: 

For the avoidance of doubt, with respect to the Service, we have not collected sensitive consumer information from California residents or households within the last twelve (12) months.[A10] 

1.2 Purposes for Collection of Consumer Information; Categories of Sources

We collect consumer information for the business or commercial purposes described in the tables above and in the manner described in Sections 2 and 5 of this Privacy Policy with respect to your information. Regarding the categories of sources from which consumer information is collected, we collect consumer information from the categories of sources described in the tables above and in the manner described in Section 2 of this Privacy Policy with respect to your information.

1.3 Disclosures of Consumer Information for a Business or Commercial Purpose

Aptima may disclose your consumer information described in the tables above to a third party for a business or commercial purpose, as described in the tables above and in Sections 2 and 6 of this Privacy Policy with respect to your information.

1.4 Sharing and Sales of Consumer Information

In the preceding twelve (12) months, Aptima has not shared or sold, nor does it or will it share or sell consumer information. 

1.5 California Residents’ Rights and Choices

The CCPA provides California residents with specific rights regarding their consumer information. This Section describes your CCPA rights (to the extent applicable to you) and explains how to exercise those rights.

1.5.1 Access to Specific Information and Data Portability Rights

You may have the right to request that Aptima disclose certain information to you about our collection and use of your consumer information over the past twelve (12) months or such other period required by the CCPA. Once we receive and confirm your verifiable consumer request (in the manner described in Section 14.6 below), to the extent required by the CCPA, we will disclose to you:

• The categories of consumer information we collected about you.
• The categories of sources for the consumer information we collected about you.
• Our business or commercial purpose for collecting that consumer information.
• The categories of third parties to whom we disclose that consumer information.
• The specific pieces of consumer information we collected about you (also called a data portability request).
• If we disclosed your consumer information for a business or commercial purpose, a list disclosing disclosures for a business or commercial purpose, identifying the categories of recipients to whom such consumer information was disclosed and the consumer information categories that each category of recipient obtained.

1.5.2 Deletion Request Rights

 You have the right to request that Aptima delete any of your consumer information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm a verifiable request from you or your authorized agent (in each case if you are a California resident) in the manner described in Section 14.6 below (“verifiable consumer request”), we will delete (and notify our service providers and/or contractors to delete, unless this proves impossible or involves disproportionate effort) your consumer information from our records, unless an exception applies or retention of your consumer information is otherwise permitted by the CCPA. We may deny your deletion request if retaining the information is reasonably necessary for us or our service provider(s) and/or contractor(s) to: 

• Complete the transaction for which we collected the consumer information, provide a product or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of your consumer information is reasonably necessary and proportionate for those purposes.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise that consumer’s 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 that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete the research, if you have provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information.
• Comply with a legal obligation. 

1.5.3 Correction Request Rights 

You have the right to request that we correct inaccurate consumer information about you that we maintain, taking into account the nature of the consumer information and the purposes of the processing of the consumer information. If we receive a verifiable consumer request from you to correct inaccurate consumer information, we will use commercially reasonable efforts to correct such inaccurate consumer information as directed by you, pursuant to Section 1798.130 of the CCPA and regulations adopted pursuant to the CCPA.

1.6 Exercising Access, Data Portability, Correction, and Deletion Rights

To exercise the access, data portability, correction, and deletion rights described in Section 14.5 above, please submit a verifiable consumer request to us by either: (1) visiting aptima.com; or (2) contacting us at aptima_info@aptima.com. Only you, or someone legally authorized to act on your behalf (such as an authorized agent), may make a verifiable consumer request related to your consumer information. Someone legally authorized to act on your behalf (such as an authorized agent) may make a verifiable consumer request on your behalf, provided that you have duly authorized that person or entity to make such a verifiable consumer request on your behalf and provided that that person or entity can provide verification of their authority to make such a request on your behalf where required. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability no more than twice within a twelve (12) month period.

The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected consumer information or an authorized agent; and (ii) 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 consumer information if we cannot verify your identity or authority to make the request and confirm the consumer information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use consumer information provided for the purposes of verification of a consumer request to verify the requestor’s identity or authority to make the request. We use the following process to verify consumer requests: In the event you make a request under this Section, we may take various approaches to verify your identity depending on the nature of your request. These approaches may include initiating video conferencing or telephone calls with you or reaching out to you by email or otherwise to ask you questions pertaining to the information we have about you.[A12]  

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days)[A13] , we will inform you of the reason and extension period in writing. If you have an account with us, we may 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. 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 consumer information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. If your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify you of the reason for refusing the request.

1.7 Non-Discrimination

• We will not discriminate against you for exercising any of your CCPA rights, including, unless permitted by the CCPA, by:
• Denying you goods or services;
• Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Providing you a different level or quality of goods or services;
• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services; or
• Retaliating against an employee, applicant for employment, or independent contractor, as defined in subparagraph (A) of paragraph (2) of subdivision (m) of Section 1798.145 of the CCPA for exercising their rights under the CCPA[A14] . 

1.8 Consumer Information Retention[A15] 

We will only retain your consumer information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law. To determine the appropriate retention period for consumer information, we consider the amount, nature, and sensitivity of that consumer information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your consumer information and whether we can achieve those purposes through other means, and the applicable legal requirements.

1.9  Contact

If you have any questions or concerns relating to this Privacy Policy and/or our consumer information practices, please contact us at info aptima_info@aptima.com.