This California Privacy Notice (“California Notice”) supplements the information contained in The Amherst Group LLC (“we,” “our,” or “us”) Online Privacy Statement available here [link]. This California Notice applies solely to individuals who are California residents (“residents,” “consumers,” “you,” or “your”). A California resident includes an individual who is in California for other than a temporary or transitory purpose, or who is domiciled in California but who is outside of California for a temporary or transitory purpose. This California Notice is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any defined terms used in this California Notice have the same meanings assigned to them in the CCPA. In the event of a conflict between this California Notice and any of our Online Privacy Statement, this California Notice shall control only with respect to consumers and their personal information.
INFORMATION WE COLLECT
The CCPA requires us to provide certain information about the categories of personal information we collect and how we use it, the categories of sources of the information, and the categories of third parties with whom we shared the information during the past 12 months.
We have collected the following categories of personal information from consumers during the past 12 months. Not all categories of information are collected about every consumer.
Legal name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (“IP”) address, email address, account name, Social Security number, driver’s license number.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Name, signature, Social Security number, address, telephone number, driver’s license or state identification card number.
Protected characteristics under federal and California law
State of residence, household income range, education level, occupation, criminal history, rental history and certain legally protected characteristics such as age (40 years or older), citizenship, marital status, veteran or military status.
Credit history, credit or debit card and other payment or financial account information.
Records of personal property, products or services purchased, obtained, or considered, or other consuming histories or tendencies.
Internet or other similar network activity.
Browsing history, search history, and information on a consumer’s interaction with our Website, application, or advertisement.
Customer interactions, including audio recordings of your calls to our customer service, video and audio testimonials, and contest entries
Inferences drawn from other personal information
Profiles about a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
USE OF PERSONAL INFORMATION
We may retain, use, or disclose the personal information we collect for any of the following purposes:
To determine who you are, where you are, and how to best contact you to answer any questions or concerns you may have about our homes or services. We may then contact you using your phone number or email address.
To alert you to any of our homes that you may be interested in buying and then to provide you access to those homes.
To complete the online offer/application process.
To provide services to you.
To improve our services, analyze your use of our services, better understand the needs of our consumers and help develop our marketing strategy.
To comply with our anti-money laundering obligations under applicable laws and to meet legal obligations or to pursue our interests in relation to, the prevention of fraud, money laundering, terrorist financing, sanctions-prohibited actions, bribery, corruption, and/or tax evasion, on an on-going basis.
To investigate and prevent fraud; to detect, prevent, investigate and prosecute crime; and to enforce or defend our rights.
To update and maintain our records and for billing purposes.
To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
To perform debugging in order to identify and repair errors that impair existing intended functionality.
To undertake internal research for technological development and demonstration and activities to verify, maintain, improve, upgrade, or enhance the quality or safety of our services.
For testing, research, analysis, and product development, including to develop and improve our Websites, mobile apps, products, and services.
To develop new ways to meet our consumers’ needs and to grow our business, for example by seeking consumer feedback or sharing our market research.
We will not collect additional categories of personal information or use the personal information we collect for additional purposes without providing you notice.
SOURCES OF PERSONAL INFORMATION
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from online offers/applications you complete or other services you purchase from us.
Indirectly from you. For example, from observing your actions on our Website or from information your computer or mobile device transmits when interacting with our computer system, Website, or mobile applications, among other things.
From sources you authorize to provide us information, such as the Internal Revenue Service, your employer, and your current landlord or mortgage holder.
From our affiliates, subsidiaries and partners;
From third parties that are authorized to share your information with us, such as service providers; and
From publicly available sources of information.
SHARING PERSONAL INFORMATION
We may disclose your personal information to a third party for a business purpose. In the past 12 months, we may have disclosed all of the above listed categories of personal information for business purposes and to the following types of third parties:
Parent entities, affiliates and subsidiaries.
Service providers, including information technology providers, consultants, mailing and other business process providers, vendors, and other third parties which help us to operate and improve our business, including by providing analytic services.
Governmental agencies when required by applicable law, such as the Internal Revenue Service, or when necessary to complete your transactions, such as with recorders’ offices.
No Sale of Personal Information
We have not sold personal information in the past 12 months. To the extent that we ever change our policy and chose to sell personal information, you would have the right to opt-out of the sale of your personal information. In that case we will update this California Notice to advise how to exercise those rights.
INFORMATION THAT IS NOT PERSONAL INFORMATION
The rights in this California Notice only apply to information that is “personal information” under the CCPA. The following is not personal information for purposes of the CCPA or this California Notice:
Publicly available information that is lawfully made available from federal, state, or local government records.
Consumer information that has been de-identified or aggregated.
Information from employees or job applicants in their capacity as employees or job applicants.
Information from employees, agents, owners or contractors of businesses that provide us or to whom we provide goods or services.
Information that is excluded from coverage under CCPA, including:
Medical or health information governed by the California Confidentiality of Medical Information Act or clinical trial data and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and;
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.
The rights described in this California Notice do not apply to information if the information is not personal information.
YOUR RIGHTS AND CHOICES
The CCPA provides you with specific rights regarding your personal information. This section describes those rights and explains how you may exercise those rights.
Right to Request Access to Certain Information
You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that we (upon verification of your identity as described below):
Provide you a disclosure about our Information Collection Practices, including the categories of personal information we have collected about you in the last 12 months; the categories of sources of such information; the purposes for collecting and using the information; and how we shared the information.
Provide you a disclosure about or Information Sharing Practices, including the business or commercial purpose for sharing or selling categories of your personal information; and the categories of third parties with whom we shared such personal information.
Provide access to and/or a copy of the specific information we have collected about you in the last 12 months.
Delete certain information we have about you.
Honor your opt-out of the “sale” of your information.
You may make a request for disclosure of our Information Collection Practices, the specific information we collected about you, or our Information Sharing Practices up to twice within a 12-month period. You may make a request that we not sell information or for deletion of your information at any time. We may deny a request to delete certain information 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 contractual obligations.
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 et. 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.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
EXERCISING YOUR ACCESS AND DELETION RIGHTS
To exercise the CCPA rights described above, please submit a request to us by either:
Only you, or your authorized agent, may make a verifiable consumer request related to your personal information. The verifiable consumer request must:
Provide sufficient information including your full name, residence address, telephone number, email address and relationship to that allows us to reasonably verify you are the person as to whom we collected personal information or to verify your authorized agent.
Provide a signed declaration under penalty of perjury regarding your identity in the event you request deletion of information or a copy of the specific information we have collected about you.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time. We cannot respond to your request or provide you with personal information if we cannot verify as required by law your identity or authority to make the request and confirm the personal information relates to you.
Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney. Otherwise, you may submit a request using an authorized agent only if (1) the person is registered with the Secretary of State to do business in California, (2) you provide the authorized agent with signed written permission to make a request, (3) you verify directly with us that you have authorize the person to make the request on your behalf, (4) you verify your own identity directly with us and (5) your agent provides us with proof that they are so authorized. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.
We do not sell your information for monetary consideration, and we do not disclose your information for other valuable consideration. If, in the future, we enter into arrangements that fall within the definition of a “sale” under the CCPA, we will update this California Notice and our compliance with the CCPA.
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 cover only the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access 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 manifestly unfounded or excessive.
We will not discriminate against you for exercising any of your CCPA rights. Unless the CCPA permits, 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.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to amend this California Notice at our discretion and at any time. When we make changes to this California Notice, we will post the updated notice on our Website and update the notice’s effective date below.
If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your information, your rights regarding our use, or wish to exercise your rights described above, please do not hesitate to contact us at: