SavvyPhone Privacy Addendum for California Residents

Effective Date: January 5, 2020

Last Reviewed on: January 5, 2020

This Privacy Addendum for California Residents (the "California Privacy Addendum") describes our collection and use of Personal Information and supplements the information contained in SavvyPhone's (d/b/a SavvyCard) Privacy Policy and applies solely to all 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") and any terms defined in the CCPA have the same meaning when used in this notice.

Note that this California Privacy Addendum does not apply employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals. Please contact your local human resources department if you are a California employee and would like additional information about how we process your Personal Information.

Where noted, this California Privacy Addendum also does not apply to Personal Information reflecting a written or verbal business-to-business communication ("B2B Personal Information"). Unless otherwise noted, this exemption will expire on January 1, 2021.

Information We Will Collect and Have Collected Over the Prior 12 Months

We collect 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"). In particular, we collect, and have collected over the prior twelve (12) months, the following categories of personal information from our consumers:

Category Applicable Pieces of Personal Information Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, employment, bank account number, credit card number, debit card number, or any other financial information.

Some personal information included in this category may overlap with other categories.
C. Protected classification 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).

Please note that this information is optional and only collected if you choose to provide it.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data. Physical location (country only).
H. Sensory data. Audio, electronic, visual, or similar information.
I. Professional or employment-related information. Current or past job history.
K. Inferences drawn from other personal information. Profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
Use of Personal Information

We may use, "sell" for monetary or other valuable consideration, or disclose the personal information we collect and, over the past 12 months, have used, "sold" for monetary or other valuable consideration, or disclosed have collected for one or more of the following business or commercial purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your SavvyCard® with someone else, we will use that information to share your SavvyCard. (Categories A, B, C, D, G, H, I)
  • To provide, support, personalize, and develop our Website and Services. (Categories A, B, C, F, G)
  • To create, maintain, customize, and secure your account with us. (Categories A, B, D, F, G, H, I)
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud. (Categories A, B, D, F, G)
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. (Categories A, B, F, G)
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website and Services, third-party sites, and via email or text message (with your consent, where required by law). (Categories A, B, C, D, F, G, I, K)
  • To help maintain the safety, security, and integrity of our Website, Services, and other technology assets, and business. (Categories A, B, C, D, F, G, H, I, K)
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D, F, G, H, I, K)
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SavvyPhone, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SavvyPhone, LLC about our Website users is among the assets transferred. (Categories A, B, C, D, F, G, H, I, K)
  • Auditing relating to a current interaction with you and concurrent transactions, including, but not limited to, counting advertising impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards. (Categories F, G)
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. (Categories A, B, C, D, F, G, H, I, K)
  • Debugging to identify and repair errors that impair existing intended functionality. (Categories A, B, C, D, F, G, H, I, K)
  • Short-term, transient use, provided that we do not disclose the personal information to another third party and we do not use it to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction. (Categories A, B, C, D, F, G, H, I, K)
  • Undertaking internal research for technological development and demonstration. (Categories F, G)
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D, F, G, H, I, K)

Note that our Services allow you to store additional categories of Personal Information in your SavvyCard. Your provision of these additional categories is optional and completely up to you. SavvyPhone will not knowingly collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sources of Personal Information

SavvyPhone 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. (Categories A, B, C, D, H, I)
  • Indirectly from you. For example, from observing your actions on our website. (Categories F, G, K)
  • Others that share their SavvyCard with you. (Categories A, D)
  • Third Party sources (including consumer reporting agencies, public databases, and other sources). (Categories A, B, C, D, G, H, I)
  • Information we derive from your use of our products and services (including SavvyCard) or interaction with advertising. (Category K)
Sharing Personal Information

SavvyPhone may disclose your personal information to a third party for a business purpose or "sell" your personal information for monetary or other valuable consideration, subject to your right to opt-out of those sales (see Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, SavvyPhone has disclosed the following categories of Personal Information for a business purpose to the listed categories of third parties:

A. Identifiers:

Categories of Third Parties: Service providers, business partners, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, Internet cookie information recipients (such as analytics and behavioral advertising services) and other third parties with whom you have shared your SavvyCard.

B. California Customer Records personal information categories:

Categories of Third Parties: Service providers, business partners, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, and other third parties with whom you have shared your SavvyCard.

C. Protected classification characteristics under California or federal law: (solely to the extent you provide such information)

Categories of Third Parties: Service providers, business partners, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, and other third parties with whom you have shared your SavvyCard.

D. Commercial information:

Categories of Third Parties: Service providers, business partners, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, and other third parties with whom you have shared your SavvyCard.

G. Geolocation data:

Categories of Third Parties: Service providers, business partners, and other third parties with whom you have shared your SavvyCard.

H. Sensory data:

Categories of Third Parties: Service providers, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, and other third parties with whom you have shared your SavvyCard.

I. Professional or employment-related information:

Categories of Third Parties: Service providers, business partners, social media companies (for real estate listings you choose to have posted on such sites), multiple listing services, and other third parties with whom you have shared your SavvyCard.

Sales of Personal Information

As noted in our general Privacy Policy, we do not sell your Personal Information as the term "sell" is commonly understood to require an exchange for money. However, the California State Attorney General may issue guidance on whether the use of advertising and analytics cookies on our Website may be considered a "sale" of Personal Information as the term "sale" is broadly defined in the CCPA to include both monetary and other valuable consideration. Until such guidance has been issued, we continue to consider it a "sale" in order to be as transparent as possible with users of our Website and Services and will comply with the restrictions of the "sale" of this information to the extent technologically feasible. This "sale" would be limited to our use of third-party advertising and analytics cookies and their use in providing you behavioral advertising and their use in understanding how people use and interact with our website(s).

In the preceding twelve (12) months, SavvyPhone has "sold" the following categories of Personal Information to the following categories of third parties for monetary or other valuable consideration:

A. Identifiers:

Categories of Third Parties: Advertisers and advertising networks, business partners.

B. California Customer Records personal information categories:

Categories of Third Parties: Advertisers and advertising networks, business partners.

C. Protected classification characteristics under California or federal law:

Categories of Third Parties: Advertisers and advertising networks, business partners.

D. Commercial information:

Categories of Third Parties: Advertisers and advertising networks, business partners.

F. Internet or other similar network activity:

Categories of Third Parties: Internet cookie information recipients (such as analytics and behavioral advertising services).

K. Inferences drawn from other personal information:

Categories: Advertisers and advertising networks

We do not sell the personal data of minors under the age of 16 for monetary or other valuable consideration without affirmative authorization.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized agent. However, these rights only apply when you have setup an account or provided your Personal Information to SavvyPhone and SavvyPhone acts as a "business" under the CCPA. In cases where we have received your Personal Information from a Real Estate Member Organization ("REMO") as part of the benefits that REMO provides to you as a member, SavvyPhone acts as a "Service Provider" under the CCPA for that information and you will need to contact the REMO in order to exercise these rights. In these cases, SavvyPhone can only act on the direction of the applicable REMO, and will reject any requests to exercise these rights directly with SavvyPhone.

Authorized Agents

You may authorize your agent to exercise your rights under the CCPA on your behalf by registering your agent with the California Secretary of State. You may also provide your authorized agent with power of attorney to exercise your rights. If you authorize an agent, we may require that your agent provide proof of their identity and that they have been authorized to exercise your rights on your behalf. We may deny a request from your agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights.

Access to Specific Information and Data Portability Rights

You have the right to request that SavvyPhone disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), 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 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). We will not disclose your financial account number, or your account password or security question or answers. We will also not provide this information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information, your account with SavvyPhone, or the security of our systems or networks.
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

We do not provide these access and data portability rights for B2B Personal Information.

Deletion Request Rights

You have the right to request that SavvyPhone delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. 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.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B Personal Information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or your agent that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. To designate an authorized agent, see above. We may request additional information so we may confirm a request to delete your Personal Information.

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.
  • 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. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

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

For instructions on exercising sale opt-out rights, see Opt-Out and Opt-In Rights.

Response Timing and Format

We will respond to a verifiable consumer request within ten (10) days of its receipt. We will process these requests within forty-five (45) days of its receipt. If we require more time (up to 45 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 usable 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.

Opt-Out and Opt-In Rights Regarding the "Sale" of Your Personal Information

You have the right to direct us to not sell your Personal Information at any time (the "right to opt-out"). Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the right to opt-out or to opt-in after you have opted-out, you (or your authorized representative) may adjust your cookie preferences by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our websites or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide any such financial incentives.

Other California Privacy Rights

California Civil Code Section 1798.83 (California's "Shine the Light" law) permits users of our websites that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your personal information with for the immediately prior calendar year (e.g. requests made this year will receive information regarding such activities for last year). You may request this information once per calendar year. To make such a request, please send an email to privacy@savvycard.com

Changes to Our Privacy Notice

SavvyPhone 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 the 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 SavvyPhone collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Call: 1-888-971-9335
Email: privacy@savvycard.com
Postal Address:
SavvyCard
433 Central Avenue Suite 202
St. Petersburg, FL 33701