Deep Instinct’s Privacy Notice for California Residents

Last updated: March 2023

This Privacy Notice is applicable to California Residents (“You” or “Your”) and addresses the specific disclosure requirements under the California Consumer Privacy Act of 2018 (Cal. Civ. §§ 1798.100–1798.199) and the California Consumer Privacy Act Regulations by the Attorney General (including the California Privacy Rights Act, collectively “CCPA“).

  1. What Information We Process.

    The following are categories of Personal Information that Deep Instinct (“Company”, “We”, “Us”, “Our”) has collected and/or disclosed for a business purpose either directly from You or indirectly from You (i.e., from Advertising Networks, third-party platforms, and service providers, such as Okta) in the preceding 12 months:

    1. Identifiers (i.e., name, email address, username, IP address, and UDID);
    2. Personal Information and Individual Records as listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e) (i.e., phone numbers);
    3. Commercial Information (i.e., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
    4. Internet or other electronic network activity information (i.e., interaction with Our Website, application, or advertisement);
    5. Geolocation data (i.e., IP address for identifying general location such as city or country);
    6. Professional or employment-related information (i.e., name, title, business email, business phone numbers, business address, business interests, employment; and
    7. Sensitive personal information (i.e., account credentials).
    8. The business purpose for why We have collected and/or disclosed this Personal Information as outlined above was for short-term, transient use. In relation to Your interaction with our Website, Our business purpose was to perform services on Our behalf, including: maintaining or servicing accounts, providing customer service, processing transactions, verifying customer information, processing payments, providing analytics, storage, or similar services, and for advertising and marketing services. Additionally, the business purpose included: undertaking internal research for technological development and demonstration, and undertaking activities to verify or maintain the quality or safety of, and to improve, upgrade, or enhance services or devices.
  2. Sale or Sharing of Personal Information.

    We do not “sell” Personal Information about You as most people would typically understand that term. However, We do allow certain third-party advertising networks to collect information about You through Our Services for purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for ad fraud detection and reporting, which may be considered “sharing” of Personal information for cross-context behavioral advertising. Please see our Cookie Policy. We have only shared the following categories of Personal Information in the past 12 months: Internet or other electronic network activity information (information regarding visitors to our Company website and potential customers that We use for business development purposes).

  3. Your Rights under the CCPA.

    The CCPA provides You with specific rights regarding Personal Information. This Section describes Your CCPA rights and explains how to exercise those rights.

    1. Access to Personal Information: You may request, up to twice every twelve (12) months, that We disclose to You the categories of Personal Information that We: (i) have collected about You; (ii) the categories of sources from which Your Personal Information is collected; (iii) the business or commercial purpose for collecting Your Personal Information; (iv) the categories of Personal Information that have We disclosed for a business purpose; (v) any categories of Personal Information about You that We sold or shared; (vi) the categories of third-parties with whom We have shared Your Personal Information and; (vii) the business or commercial purpose for selling or sharing Your Personal Information, if applicable. Please see Section 4: Exercising Your Rights, below on how to submit a request.
    2. Deletion Requests: You have the right to request that We delete any Personal Information collected and retained from You unless an exception applies. Once We receive and confirm Your verifiable request, We will delete (and direct our service providers, contractors, and consultants to delete) Your Personal Information, unless an exception applies.
    3. Correction of Inaccurate Personal Information: If We hold inaccurate Personal Information relating to You, You have the right to request that We correct such inaccurate Personal Information, taking into the account the nature of the Personal Information and the purposes of its processing.
    4. Right to Opt-Out of the Sale or Sharing of Personal Information: If We sell or share Your Personal Information, You have the right to submit a request to opt-out of the sale or sharing of Your Personal Information. You may change Your decision at any time and permit Us to sell or share Your Personal Information. After You opt-out, We may continue to disclose some Personal Information to Our service providers and/or contractors to help Us perform business-related functions such as, but not limited to, providing the Services, ensuring that the Services are working correctly and securely, providing aggregate statistics and analytics and/or preventing fraud.
    5. Right to Limit Use and Disclosure of Sensitive Personal Information: Where We process sensitive personal information (if applicable) relating to You, You have the right to request that We restrict Our use of that information (i.e., use that is necessary to provide goods or services requested, to certain business purposes, or other legally permitted purposes). In the normal course of providing Our Services, the only category of Sensitive Personal Information that We would process would be Your credentials for logging into Your customer account, if applicable.
    6. Right to non-discrimination: You have the right to be free from any discrimination for exercising Your rights under the CCPA. Should You exercise any of Your rights under the CCPA, We will not discriminate against You by offering You different pricing or products, or by providing You with a different level or quality of service, based solely upon Your request. However, in some circumstances We may not be able to provide Our Services if You choose to delete Your Personal Information.
  4. Exercising Your Rights.

    You can exercise Your rights by submitting a verifiable consumer request using Our contact details below in Section 6 of this Privacy Notice. Only You or a person authorized to act on Your behalf may make a verifiable request related to Your Personal Information. The request must: (a) provide sufficient information to allow Us to reasonably verify whether You are the person about whom We collected Personal Information or an authorized representative; and (b) describe Your request with sufficient details to allow 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 that the Personal Information relates to You. Making a verifiable request does not require You to create an account with Us. We will only use Personal Information provided in a request to verify the requestor's identity or authority to make the request.

  5. Designating Agents.

    You can designate an authorized agent to make a request under the CCPA on Your behalf if: (a) the authorized agent is a natural person, or a business entity registered with the Secretary of State of California; and (b) You sign a written declaration that You authorize the authorized agent to act on Your behalf. If You use an authorized agent to submit a request to exercise Your rights, please mail a certified copy of Your written declaration authorizing the authorized agent to act on Your behalf Using the contact information below and outlined in Section 6 of this Notice. If You provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and We will respond to any request from such authorized agent in accordance with the CCPA.

  6. Contact Information.

    If You have any further questions regarding this Privacy Notice, please contact Us at:

    888 Seventh Avenue, 5th floor
    New York, NY, 10106, USA
    info@deepinstinct.com.

    In addition, the Company has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address: DPO@deepinstinct.com.