TimePayment Corp. Privacy Notice for California Residents

Effective Date: JANUARY 1, 2020

This Privacy Notice for California Residents supplements the information contained in TimePayment Corp.’s (“TimePayment,” “we,” “company,” “our,” or “us”) privacy notice and policy (“Privacy Policy”) which can be found at https://timepayment.com/ca-privacy-notice/ (the “Website”) and applies to all visitors, users, and other parties who are residents of the State of California (“consumers” or “you”). We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any term(s) defined in the CCPA shall have the same meaning when used in this notice.

Information We Collect

TimePayment collects 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, TimePayment has collected the following categories of personal information from consumers within the last twelve (12) months:

We are further advising you that personal information under CCPA does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as:
  
  • 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.

TimePayment obtains the categories of personal information listed above from the following categories of sources:

• Directly from consumers/ you. For example, from forms you complete and submit or transactions you enter into with TimePayment directly or through one (or more) of its vendors or service providers.

Use of Personal Information

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

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a lease quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to acquire a product or service, we will use that information to process your payment(s) and fulfill the terms of our contract with you. We may also save your information to facilitate new transactions.
• To create, maintain, customize, and secure your account with us. For example security questions intended to verify your identity through use of one or more pieces of personal identifying information you have supplied to us.
• To process your requests, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• To respond to governmental agency and/or law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

TimePayment 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 a separate notice detailing the intended use of personal information in advance.

Sharing Personal Information

TimePayment may disclose your personal information to a third party for a permissible business purpose. We do not sell your personal information. When we disclose personal information for a business purpose, we enter a contract that describes the business purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the terms of the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information (as more fully described above) for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial information.

We may disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Third-party Vendors.

Sales of Personal Information

In the preceding twelve (12) months prior to the date of publication of this notice, TimePayment has not sold personal information of any of its customers.

Your Rights and Choices

The CCPA provides consumers subject to its scope with specific rights regarding their personal information. 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 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 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 disclosed your personal information for a business purpose, a list stating the business purpose for any such disclosure and identifying the personal information category(ies) that each recipient obtained.

Right to Request Deletion of Personal Information

You have the right to request that we delete any of your personal information that we collected from you and retained. Your right to request deletion of personal information is subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct any service providers who may have received a disclosure of your personal information 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.

Exercising Access, Data Portability, and Deletion Rights (Verified Consumer Request)

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

• Calling us at 877-868-3800;
• Visiting https://timepayment.com/ca-privacy-notice/; or
• By USPS Mail addressed to:
  TimePayment Corp.
  Legal Department
  200 Summit Drive
  Suite 100
  Burlington, MA 01803

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

You may make a verifiable consumer request for access or data portability at any time but we are only obligated to respond to two (2) such requests 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 as well as 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 https://timepayment.com/ca-privacy-notice/.

Timing and Format of Our Response

Upon receipt of a verified consumer request, TimePayment will attempt to respond thereto within forty-five (45) days of its receipt. If we require more time (up to 45 additional days are permitted under CCPA), we will inform you of the reason why we need an extension and the 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 to an address (physical or electronic) that you have provided in your request.

Any disclosures we provide will only cover the 12-month period immediately preceding the date of receipt of your request. 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. Most likely the information will be provided in Portable Document Format (PDF) files.

We do not charge a fee to process or respond to a verified 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 Sales of Personal Information

CCPA provides consumer with certain rights and abilities to “opt out” and “opt in” with respect to sales of personal information. Although TimePayment does not sell personal information we are still required to provide notice of these rights to you. The information relative to CCPA’s sale “opt-out” and “opt-in” rights is below.

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (“opt-out” right). If you are between 13 and 16 years of age, you can provide affirmative authorization (“opt-in” right) to a sale of your personal information by a collecting party (or the parent or guardian of a consumer less than 13 years of age) can supply authorization to a sale of personal information. Consumers who opt in to personal information sales may opt out of future sales at any time.

Once you make an opt-out request, the entity in possession of your personal information must wait at least twelve (12) months before it can ask you to reauthorize sales of personal information. However, you may change your mind and opt back in to the sales of your personal information at any time.

You do not need to create an account with any collector of personal information to exercise your opt-out rights. If you provide personal information in an opt-out request, it can only be used to review and comply with your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless otherwise 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 may 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. TimePayment does not currently offer any such financial incentives.

Changes to Our Privacy Notice

TimePayment 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 www.timepayment.com and update the notice’s effective date. Your continued access and 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 TimePayment collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under CCPA (if applicable), please do not hesitate to contact us at:

Phone: 877-868-3800
Website: https://timepayment.com/ca-privacy-notice/
Email: [email protected]
Postal Address:
TimePayment Corp.
200 Summit Drive
Suite 100
Burlington, MA 01803