Vituity Cares Foundation CCPA Privacy Policy

The California Consumer Privacy Act of 2018 (the “CCPA”) provides California residents certain rights regarding their Personal Information (as defined below) that we, Vituity Cares Foundation (the “Foundation”), collect about you the Consumer (as defined below).

For the purposes of this CCPA Privacy Policy, a Consumer is defined as an individual residing in the State of California including visitors to our website and those who are acting as a volunteer, donor, programming participant, job applicant, employee, owner, director, officer, or contractor of the Foundation (the “Consumer”).

The CCPA defines Personal Information as information that identifies, describes, or could reasonably be linked with the Consumer (“Personal Information”).  The Foundation is committed to safeguarding the privacy of our Consumers and this CCPA Privacy Policy serves to inform you of the categories of Personal Information that we collect and the purposes for which those categories of Personal Information are used.

The CCPA does not apply to the following categories of information:

  • Medical information governed by:
    • Confidentiality of Medical Information Act (CMIA)
    • Health Insurance Portability and Accountability Act (HIPAA)
    • Health Information Technology for Economic and Clinical Health Act (HITECH)
    • Genetic Information Nondiscrimination Act (GINA)
  • Privacy data covered by other regulations including:
    • US Gramm-Leach-Bliley Act
    • US Driver’s Privacy Protection Act
    • California Financial Information Privacy Act
  • Information collected by government entities

Categories of Personal Information Collected by the Foundation

The categories of Personal Information collected by the Foundation within the past 12 months may include:

CategoryExamplesCollected? Yes / No
A.      IdentifiersA 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)).Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.Yes
C.      Characteristics of protected Classification under California or federal lawRace, color, religion (includes religious dress and grooming practices), sex/gender (includes pregnancy, childbirth, breastfeeding and/or related medical conditions), gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, request for family care leave, request for leave for an employee’s own serious health condition, request for Pregnancy Disability Leave, Retaliation for reporting patient abuse in tax-supporting institutions, Age (40 or older).Yes
D.      Commercial informationRecords of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.No
E.       Biometric informationAn individual’s physiological, biological, or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.Yes
F.      Internet or other electronic network activityActivity including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.Yes
G.     Geolocation dataPhysical location or movementsYes
H.     Sensory dataAudio, electronic, visual, thermal, olfactory, or similar informationNo
I.       Professional or employment-related information that is not publicly available.Current or past job history or performance evaluations.Yes
J.       Education InformationInformation that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).Yes
K.      InferencesInformation drawn from any of the personal information categories referenced above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.Yes

 

Purposes for Collecting Personal Information

The Foundation collects your Personal Information for volunteer background screening purposes, for programming purposes, recruitment, employment, personnel related purposes, fundraising and other business purposes.   Some of the federal laws that impact the screening of our volunteers include the National Child Protection Act of 1993, Volunteers for Children Act of 1998, and the Fair Credit Reporting Act.  In addition to these federal statute laws, laws in many states require background checks for volunteers who work with children.

How the Foundation Obtains Personal Information

The Foundation may obtain Personal Information either directly from you (forms you complete through our website or through other online communications with the Foundation), or indirectly from you (by tracking actions you take on our website).  We may also obtain Personal Information from third-party vendors who perform business services on our behalf or third-parties for whom we are providing programming services.

Sharing Personal Information

The Foundation may disclose your Personal Information to third-parties, with your consent when required by federal and state law,  including third-party agencies for criminal and commercial background checks, service providers with whom the Consumer directs us to share such Personal Information, and service providers that fulfill a specific business purpose (i.e. payroll companies, health/benefits/wellness providers, human resource consultants, staffing agencies, etc.).

In the preceding twelve (12) months, the Foundation may have disclosed the following categories of Personal Information for a business purpose with your consent:

  1. Identifiers
  2. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
  3. Characteristics of protected Classification under California or federal law
  4. Internet or other electronic network activity
  5. Professional or employment-related information that is not publicly available
  6. Education Information

Sale of Personal Information

In the preceding twelve (12) months, the Foundation has not “sold” Personal Information for any business or commercial purpose.  However, the CCPA broadly defines “sale” in a way that may include using targeted advertising services to deliver targeted advertising about our services and programs.  We use these advertising services which enable us to provide relevant content to you.  Our use of these services may constitute a “sale” as defined by the CCPA of the following categories of information to advertising partners for such advertising purposes:  Category A.  Identifiers (i.e. Internet Protocol address, device IDs, cookie IDs, and advertising IDs.)

You have the right to direct us not to “sell” your Personal Information. (See Personal Information Sales Opt-Out below.)

Your Rights and Choices

The CCPA provides Consumers 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 access to your Personal Information that the Foundation has collected over the past 12 months.  Once we verify your Consumer request, we will disclose to you:

  • The categories of Personal Information we collect and/or have 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 collect about you (also called a data portability request).
  • If we “sold” or disclosed your Personal Information for a business purpose

Delete my Personal Information

You have the right to request that the Foundation delete any of the Personal Information that we have collected from you subject to certain exceptions.

If we cannot comply with your request, we will explain the reasons why in our response.

Exercising Access, Data Portability, and Deletion Rights

Only you, or someone legally authorized to act on your behalf, may make a verifiable Consumer request related to your Personal Information.

If using a legally authorized agent, we reserve the right to require verification of your authorized agent’s identity and authority.

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 their authorized representative. This may include proof of valid government-issued identification, attestation under penalty of perjury that you are a California resident, or other proof of identity acceptable to us at our sole discretion.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.

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.

We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Personal Information Sales Opt-Out

You have the right to direct us not to sell your Personal Information at any time (the “Right to Opt-Out”). Once you exercise your “Right to Opt-Out”, the Foundation will wait at least twelve (12) months before asking you to reauthorize the sale of your Personal Information.

Timing and Format for the Foundation’s Response

The Foundation will respond to all verified Consumer requests within forty-five (45) days of its receipt.  If we require more time to respond (up to 90 days), we will inform you in writing of the reason we need the extension period.  All disclosures we provide will only cover the 12-month period preceding the receipt of the verified Consumer request.  We do not charge a fee for verified Consumer requests, except for as provided by the CCPA.

You may submit a Consumer request by clicking here.  You may also submit a Consumer request by calling us at (855) 550-0007.

Rules Regarding Minors

The Foundation does not knowingly collect personal information from minors under the age of 13.  If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian contact the Foundation at the number below and we will delete this information.

The Foundation may collect personal information from minors older than 13 years of age if the individuals are involved with the Foundation activities and programming.  We limit our collection of personal information from children to no more than is reasonably necessary to participate in the Foundation programming to fulfill programming objectives.

Parents, guardians and/or others with legal responsibility for minors have the right to review, opt-out or request the deletion of their child’s information.  You may also exercise rights to prevent the further collection of the information.  Please note that some of the personal information we collect from minors who participate in Foundation programming is necessary for us to run our programming.

In accordance with applicable law, and our practices, we may obtain consent from parents for the collection of personal information from their children, or for sending information about our programming directly to children.

To verify a parent or guardian’s identity – we may ask you to:

  • Sign a consent form under penalty of perjury
  • Call a toll-free number or make a video call
  • Provide government-issued ID (we will promptly delete any copy of the ID from our records after the verification is complete).

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.  The Foundation will not charge you different prices for services, deny you services, provide you with different level of quality of services, or suggest that you receive a different price or rate for services or a different level of quality of services.

Right to Amend CCPA Privacy Policy

This Vituity Cares Foundation CCPA Privacy Policy supplements the information contained in the Vituity Cares Foundation Website Privacy Policy.  The Foundation reserves the right to amend this Vituity Cares Foundation CCPA Privacy Policy at our own discretion and at any time.  When we do, we will post the updated Vituity Cares Foundation CCPA Privacy Policy and revise the date at the bottom of this page.  We encourage you to frequently check this page to stay informed about how we are helping to protect the Personal Information we collect.  You acknowledge and agree that it is your responsibility to review this Vituity Cares Foundation CCPA Privacy Policy periodically and become aware of any modifications.

Vituity Cares Foundation
2100 Powell Street
Suite 400
Emeryville, CA 94608
1-855-550-0007
compliance@vituity.com

Effective Date:  This CCPA Privacy Policy is effective January 1, 2020.
Last updated:  December 16, 2020