This policy is effective as of September 2022.
1. Introduction
This Privacy Policy Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Talkiatry Management Services, LLC (“Talkiatry”) Privacy Policy and describes our collection and use of Personal Information. This California Privacy Addendum 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 to 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, 2023.
2. Information We Collect About You and How We Collect It
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, Talkiatry’s Website collects, and over the prior twelve (12) months have collected, the following categories of personal information from our consumers:
Category: Applicable Pieces of Personal Information Collected
A. Identifiers.
A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, driver’s license number, state ID number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance 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, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), and veteran or military status
E. Biometric information.
Physiological, behavioral characteristics, or health data.
F. 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 or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
K. Inferences drawn from other personal information.
Profile reflecting a person’s 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.
· Information excluded from the CCPA’s scope, like:
· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
3. Sources of Personal Information
We collect personal information about you from the sources described in our Privacy Policy.
4. How We Use Your Information
We may use, “sell” for monetary or other valuable consideration, or disclose the personal information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, or disclosed the personal information we have collected, for the purposes described in our Privacy Policy as well as the following additional purposes.
· Short-term, transient use, provided the personal information is not disclosed to another third party and is not used 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.
· Performing services on behalf of the Medical Group, including maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the Medical Group.
Talkiatry will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
5. To Whom Do We Share Your Personal Information
Talkiatry may disclose your personal information to a third party for a business purpose. 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.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Talkiatry 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, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
B. California Customer Records personal information categories:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
C. Protected classification characteristics under California or federal law:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information
E. Biometric information
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
F. Internet or other similar network activity:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
G. Geolocation data:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
H. Sensory data:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
K. Inferences drawn from other personal information:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
6. To Whom Do We Sell Your 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 and in order to be as transparent as possible with users of our Website, we continue to consider it a “sale” 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, Talkiatry 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: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
B. California Customer Records personal information categories:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
C. Protected classification characteristics under California or federal law:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information
E. Biometric information
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
F. Internet or other similar network activity:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
G. Geolocation data:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
H. Sensory data:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
K. Inferences drawn from other personal information:
Categories of Third Parties: Service Providers, Business partners, affiliates, parents, and subsidiary organizations of Talkiatry, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
We do not sell the personal data of minors under the age of 16 for monetary or other valuable consideration without affirmative authorization.
7. Your Rights and Choices
The CCPA provides California residents (“consumers”) 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.
· Right to Know. You have the right to request that Talkiatry disclose certain information to you about our collection and use of your personal information over the past 12 months (a “Right to Know” request). This includes the categories of personal information we have collected about you and the categories of sources from which that personal information came from, our purpose for collecting this personal information, the categories of third parties with whom we have shared your personal information and, if we have sold or disclosed your personal information, a separate list of categories of people that we disclosed and sold it to. You must specifically describe if you are making a Right to Know request or a request for the specific pieces of personal information. If you would like both the information about our collection and use over the past twelve (12) months and a copy of the specific pieces of Personal Data, you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. We do not provide these access and data portability rights for B2B personal information.
· Access to Specific Pieces of Information (Data Portability). You also have the right to request that Talkiatry provide you with a copy of the specific pieces of personal information that we have collected or created about you (a “Data Portability” request). We will not disclose your driver’s license number or other government-issued identification number, financial account number, health insurance or medical identification 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 Talkiatry, or the security of our systems or networks. If you make a request for the specific pieces of personal information electronically, we will provide you with a copy of your personal information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the personal information to another third-party. You must specifically describe if you are making a Right to Know request or a Data Portability request. If you would like both the information about our collection and use over the past twelve (12) months and a copy of the specific pieces of your personal information, you must make both requests clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request.
· Deletion. You have the right to request that Talkiatry 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. Some exceptions to your right to delete include if we are required to retain your personal information to complete the transaction or provide you the goods and services for which we collected the personal information, or otherwise perform under our contract with you, to detect security incidents or protect against other malicious activities, and to comply with legal obligations. We may also retain your personal information in order to make other internal and lawful uses of it that are compatible with the context in which we collected it.
· Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; or (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Access, Data Portability, and Deletion Rights
To exercise the right to know, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Calling us at 833-351-8255.
· Emailing us at privacy@talkiatry.com.
· Visiting https://www.talkiatry.com/contact-us.
If you (or your authorized agent) submit a request to delete your information online, we will use a two-step process in order to confirm that you want your personal information deleted. This process may include verifying your request through your email address on record.
If you fail to make your submission in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above, or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your agent that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, see Authorized Agents below. 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. This may include:
· Verifiable identification
· 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 Personal Information Sales Opt-Out and Opt-In Rights.
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 that they have been authorized exercise your rights on your behalf. We may request that your authorized agent submit proof of identity 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.
Response Timing and Format
We will respond to a verifiable consumer request within ten (10) days of its receipt. We will generally process these requests within forty-five (45) days of its receipt. If we require more time (up to an additional 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 related to a Right to Know request 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 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 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.]
