CALIFORNIA PRIVACY NOTICE

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in Firstly’sSM Privacy Policy (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) when you visit or use Firstly’s Services (as defined in the Privacy Policy).  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. 

Definitions

“Personal Information” means 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 does not include:

  • Publicly available information from government records. 
  • De-identified 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;
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collected the following categories of Personal Information in the preceding 12 months.

Category A. Identifiers - For example: A 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. 

Category B. Personal Information categories listed in the California Records statute (Cal. Civ. Code s. 1798.80(e)) - For example: A 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. Some Personal Information included in this category may overlap with other categories. 

Category C. Protected classification characteristics under California or federal law - For example: 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). 

Category D. Commercial information - For example: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. 

Category F. Internet or other similar network activity - For example: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Category G. Geolocation data - For example: Physical location or movements.

Category H. Sensory data - For example: Audio, electronic, visual, thermal, olfactory, or similar information.

Category I. Professional or employment-related information - For example: Current or past job history or performance evaluations.

Category K. Inferences drawn from other Personal Information - For example: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Information We Do Not Collect

Category E. Biometric information - For example: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Category J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) - For example: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Sources of Collection

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from our clients or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
  • Indirectly from our clients or their agents. For example, through information we collect from our clients in the course of providing services to them.
  • Directly and indirectly from activity on our website (www.firstly.com). For example, from submissions through our website portal or website usage details collected automatically.
  • From third-parties, that interact with us in connection with the services we perform. For example, from an authorized service provider to synchronize your banking transactions to aid you in budgeting.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To provide and operate the Services
  • To further develop, customize, expand, and improve our Services
  • To provide you with ongoing customer assistance and technical support
  • To be able to contact you with general or personalized service-related notices and promotional messages
  • To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits
  • To analyze our performance and marketing activities
  • To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services
  • To enhance our data security and fraud prevention capabilities
  • To comply with any applicable laws and regulations.

We 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.

Sharing Personal Information

We may disclose your Personal Information to a third party for a business purpose or when required by law.  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 not permitted by the contract.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records Personal Information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information

Category F: Internet or other similar network activities

Category G: Geolocation data

Category H: Sensory data

Category I: Professional or employment-related information.

Category K: Inferences drawn from other Personal Information

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Subcontractors.
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.

Selling Your Personal Information

We do not sell your Personal Information.

Your Rights and Choices

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 that we disclose the following information to you about our collection and use of your Personal Information over the past 12 months:

  • 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).
  • 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 providers 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.

How to Make a Request

You may make a request for the disclosures, opt-out, or deletion described above, by:

  • Emailing us at support@firstly.com.
  • Mail a written request to:
    • Firstly c/o Strategic Financial Solutions
      Attn: Legal
      711 3rd Ave, 6th Floor 
      New York, NY 10017

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. You may also make a consumer request on behalf of your minor child.

You may only make a 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 either 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.

You may be required to submit proof of your identity for these requests to be processed. Such information may include your First Name, Last Name, Street Address, City, Zip, and Date of Birth and either your Social Security Number or your Driver’s License Number and State.  This information will be used only for the purposes of verifying your identity and processing your request. We may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with personal information in our possession. You may designate an authorized agent to make a request on your behalf subject to proof of identity and written authorization.

Response Timing and Format

We endeavor to respond to your request within 45 days of its receipt.  If you have an account with us, we will deliver our written response to the email address associated with that account.  If you do not have an account with us, we will deliver our written response via email or to your mailing address.

We do not charge a fee to process or respond to your 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.

Non-Discrimination

You also have the right not to be discriminated against in pricing and services because you exercise any of your rights under the CCPA. Firstly does not offer financial incentives or price or service differences to consumers in exchange for the retention or sale of a consumer’s personal information.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your Personal Information, or your choices and rights regarding such use, please do not hesitate to contact us at: support@firstly.com, with a subject line of “CCPA Notice"

Last Updated:  September 28, 2021