CCPA Resource

THE FOLLOWING ONLY APPLIES TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act (hereinafter the "CCPA") that was later amended/altered by The California Privacy Rights Act (hereinafter the "CPRA") provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

This Section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

This language is added to our existing Privacy Policy and our Terms of Use in compliance with CCPA that became effective January 1, 2020. This Section is subject to amendments we may implement as a result of recommendations and directions issued by the Attorney General's Office in the State of California. We encourage you to visit the website of the State of California Department of Justice Office of the Attorney General .

Access to Specific Information

You have the right to request that we 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, 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.
• 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.

Deletion Request Rights

You have the right to request that we 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, 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:

• 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.
• 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 Access and Deletion Rights

Exercise

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

• Calling us at: +1 (877) 4795776
• Visiting https://smartyads.com/ccpa-resource and filling out the applicable form
• Contacting us via e-mail at: privacy@smartyads.com
• Contacting us via regular mail at: 31W 34th Street 8035, New York, NY, 10001

You may only make a verifiable consumer request for access or deletion once within a 12-month period.

Please read the section "Verifiable Consumer Requests" carefully and submit your request in accordance with the rules of the section.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response by the same means of communication you provided in writing for the purposes of verifiable consumer request.

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.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

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 or our counter-agents 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.

Other California Privacy Rights

California 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 write us at: privacy@smartyads.com

Categories of Personal Information We Collect, Sell, and Disclose

The list of the categories of personal information we collected about consumers during the previous 12 months (please, note, that pursuant to CCPA, "collects," "collected," or "collection" means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. This includes receiving information from the consumer, either actively or passively, or by observing the consumer's behavior) consists of the following categories of information, defined by CCPA:

• Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, e-mail address, account name, social security number, driver's license number, passport number, or other similar identifiers.
• Characteristics of protected classifications under California or federal law. Such information may include 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).
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.
• Geolocation data.

We do sell and disclose (and during the last 12 months have sold and disclosed) each of the categories of personal information set forth in the list above (i.e., identifiers, Section 1798.80 categories, protected classifications, commercial information, Internet or other electronic network activity information, and geolocation data).

Verifiable Consumer Requests

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

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.

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

In any request in connection with your rights stated heretofore, please specify which right you are seeking to exercise and the scope of the request. At a minimum, we will request the following information to constitute your request as a verifiable consumer request:

• your full name;
• a reasonable proof of address indicating that you are a resident of the State of California;
• the region in which you are located at the time you are making your request;
• device validation information/device identifiers, if applicable;
• the CCPA right(s) you desire to exercise in your request.

Please be advised that in some instances, based on the categories of identifiable information we collect or will collect, your identifiers, as defined by CCPA, will not be available to us or our contractors. Simply put, your name or social security number may be irrelevant to the information about you that we or our contractors could have collected or sold. On the other hand, the subject information may collect relevant data about your device and about your browsing habits, such as cookies. Therefore, we may additionally request supporting evidence that unambiguously demonstrates that the device and the information in connection therewith are yours, such as screenshots of cookies or screenshots of the relevant settings of the certain mobile device. We may provide you with additional instructions as to what we need or ask you to respond to a few questions to appropriately verify your identity and the ownership of the subject device. Although the process may take time, it is necessary for the protection of your personal information and making sure that an unrelated third party cannot "guess" your device's credentials in order to get access to the relevant information.

Please note that at all times we may require information from you to help us to verify your identity and to process your requests. If we are unable to verify your identity, we may deny your requests.

Contact Information

If you have any questions or comments about the ways in which we collect and use your information described 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:

• Calling us at +1 (877) 4795776
• Visiting https://smartyads.com/ccpa-resource and filling out the applicable form
• Contacting us via e-mail at: privacy@smartyads.com
• Contacting us via regular mail at: 31W 34th Street 8035, New York, NY, 10001