Privacy Notice for California Residents
This Privacy Notice for California Residents (the “Notice”) supplements the information contained in our Privacy Policy and applies only if you reside in the State of California (you are a “California Consumer”).
For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration.
“Share”, “Shared,” or “Sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to a third party for Cross-context Behavioral Advertising, whether or not for monetary or other valuable consideration.
“Cross-context Behavioral Advertising” means the targeting of advertising to a consumer based on that consumer’s Personal Information obtained from activity across businesses or distinctly-branded websites, applications, or services, other than the business or distinctly-branded website, application, or service with which the consumer intentionally interacts. (In other words, if we send you an ad based solely on your interaction with us or our Services, this is not Cross-context Behavioral Advertising.)
“Sensitive Personal Information” means Personal Information that is not publicly available and reveals one or more of the following:
- A consumer’s Social Security, driver’s license, state identification card, or passport number;
- A consumer’s account log-in, financial account, debit card or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
- A consumer’s precise geolocation;
- A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership;
- The contents of a consumer’s mail, email, and text messages unless we are the intended recipient of the communication;
- A consumer’s genetic or biometric data; or
- Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation.
“Verifiable Request” means that the identifying information provided by a consumer in connection with a request matches the Personal Information of the consumer already maintained by us. Identifying information includes first name, last name, and email address.
- Information We Collect
In the past twelve (12) months, San Diego Wave Fútbol Club (“San Diego Wave”) has collected the following categories of Personal Information from California residents:
- Contact information, such as your name, e-mail address, postal address, and telephone number;
- Communications and marketing preferences;
- The contents of correspondence or other information that you send to us, some of which may constitute Personal Information;
- Device information and online activity, including your Internet Protocol (IP) and Media Access Control (MAC) addresses, your browser type and version, and the type of device you are using to access the Services and operating system running on that device; and
- Additional information you provide or pursuant to your consent, some of which may constitute Personal Information.
Additionally, in the past twelve (12) months, San Diego Wave has collected the following categories of Sensitive Personal Information from California residents:
- Category of Sensitive Information: Your geolocation data, which may sometimes constitute precise geolocation data.
- Where we collect it: From a device associated with you, such as your mobile phone, pursuant to the permissions you have given to that device.
- How we use it: To help customize and personalize the services we offer to you, including providing you with tailored push notifications.
San Diego Wave obtains this Personal Information from the following types of sources:
- Directly from you. For example, from forms you complete or products and services that you purchase.
- Indirectly from you. For example, from information automatically sent by your web browser or from analyzing data about your actions on our website.
- Disclosed to us by our Service Providers. For example, if you purchase a ticket to a San Diego Wave game through Ticketmaster.
- Use of Personal Information
San Diego Wave may use or disclose the Personal Information we collect for one or more of the following “Business Purpose(s):”
- To fulfill or meet the reason you provided the information;
- To provide our website, online services , or mobile app;
- To customize and personalize your use of the Services, including providing you with tailored advertising;
- To contact you about products, services, and events that we think might be of interest to you, and otherwise send you promotional material or special offers on our behalf or on behalf of our sponsors;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- To respond to your requests under the California Consumer Privacy Act of 2018 (the “CCPA”), as amended;
- For any other purpose described to you when we collect your Personal Information; and
- For any other acceptable purposes as set forth in the CCPA.
Additionally, San Diego Wave may use or disclose the Sensitive Personal Information we collect for one or more of the following “Business Purpose(s):”
- As detailed in the chart in Section 1 above;
- To fulfill or meet the reason you provided the information;
- To provide our mobile app;
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
- To respond to your requests under the California Consumer Privacy Act of 2018 (the “CCPA”), as amended;
- For any other purpose described to you when we collect your Sensitive Personal Information; and
- For any other acceptable purposes as set forth in the CCPA.
Unless we notify you otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.
- Retention of Personal Information
We retain each category of your Personal Information for no longer than is reasonably necessary for one or more Business Purposes, subject to your right to request we delete your Personal Information. Due to the nature of the services, it is not possible to predict the length of time that we intend to retain your Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain your Personal Information for one or more disclosed Business Purpose(s):
- The generally accepted best practices in our industry;
- Whether not there is a retention period required by statute or regulations;
- The pendency of any actual or threatened litigation for which we are required to preserve the information; and
- The pendency of applicable statutes of limitations for potential legal claims.
When we determine that it is no longer reasonably necessary to retain your Personal Information for one or more disclosed Business Purpose(s) based on the above criteria, we will delete your Personal Information.
- Disclosure of Personal Information
San Diego Wave may disclose Personal Information to our “service providers”, to our “contractors”, and to “third parties” (each as defined by the CCPA) for a Business Purpose. When we disclose Personal Information for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for sharing the Personal Information, and that requires the receiving party to keep that Personal Information confidential. In the case of disclosures to our “service providers,” our “service providers” are obligated not to use the Personal Information for any purpose other than performing the services according to their agreement with us. In the case of our “contractors”, our “contractors’ are obligated not to use the Personal Information for any purpose unrelated to the business purpose for which we’ve engaged them.
We may disclose your Personal Information with the following categories of entities: “service providers” or “contractors.”
In the past twelve (12) months, San Diego Wave has not Sold or Shared any Personal Information about its California Consumers.
- Your Rights and Choices
If you are a California Consumer, you may request information about our collection, use, disclosure and Sale of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will provide you with information regarding:
- the categories of Personal Information we have collected about you; the categories of sources from which your Personal Information was collected; our Business Purpose for collecting, Selling, or Sharing your Personal Information; the categories of third parties with whom we disclose that Personal Information; and the specific pieces of Personal Information we collected about you; and
- if we Sold, Shared, or disclosed your Personal Information for a Business Purpose: what categories of Personal Information we Sold or Shared, and to which categories of recipients we Sold or Shared it; and what categories of Personal Information we disclosed for a Business Purpose, and to which categories of recipients we disclosed it to.
You also have the right to request a copy of your Personal Information, and/or to request that we transmit your Personal Information to another entity. To the extent technically feasible, we will comply with your request and provide and/or transmit your Personal Information in a structured, commonly used, machine-readable format.
You also have the right to request that we delete any of your Personal Information that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Information is necessary for us or our “service providers” or “contractors” to:
- Complete the transaction for which we collected your Personal Information, provide goods or services 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 right of free speech, 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 achievement of such research, 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; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
You further have the right to request that we correct any of your Personal Information that is inaccurate by submitting a Verifiable Request. We will correct any inaccurate Personal Information pursuant to your request to the extent possible using commercially reasonable efforts. We may deny your correction request if the Personal Information is accurate. We may also delete your Personal Information instead of correcting it to the extent such deletion would not negatively impact you.
Lastly, you have the right to request that we limit the use and disclosure of Sensitive Personal Information by submitting a Verifiable Request. If you submit such a Verifiable Request, we may continue to use or disclose your Sensitive Personal Information to:
- Complete the transaction for which we collected your Personal Information, provide goods or services 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;
- Use in a short-term and transient manner, including, but not limited to, to facilitate non-personalized advertising shown as part of your current interaction with the Services, but not including disclosure to third parties or use outside your current interaction with the Services;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; or
- Make any other uses of that information that are permitted by the CCPA and its implementing regulations.
If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment.
You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice, by calling us at at 844-739-3222 or by completing a form on our website, available here. You may also submit a Verifiable Request on behalf of your minor child.
After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the 12-month period preceding your request (unless you specifically request disclosure beyond such 12-month period, in which case, we will process your request with respect to Personal Information we have collected during the time period you specify, provided that (a) the earliest date that your request may apply to is January 1, 2022, and (b) processing your request does not require disproportionate effort). You can choose to have this information delivered to you by postal mail or electronically. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice in any 12-month period. If applicable, our response will explain the reasons why we cannot comply with your request.
San Diego Wave does not and will not, without first obtaining your consent, Sell or Share Personal Information.
Should you choose to exercise any of the rights enumerated under this Notice, 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; or
- 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, please be aware that it may be a functional necessity for our Services to have Personal Information about you in order to operate, and we may not be able to provide some or all of our Services to you if you direct us to delete your Personal Information.
