This Privacy Notice for California Residents (hereinafter referred to as "Privacy Notice") supplements the information contained in EXXE, Inc.'s (hereinafter referred to as "EXXE", "Company", "us" or "our", or "we") Privacy Policy (hereinafter referred to as "Site Privacy Policy") and applies solely to all visitors, Users and others who reside in the State of California (hereinafter referred to as "consumers", "you" or "your"). We adopt this Privacy 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 Privacy Notice. All capitalized terms not herein defined will have the meaning set forth in Company's Privacy Policy. In case of any inconsistencies with the Company's Privacy Policy, this Privacy Notice shall prevail.

1.1. We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information").

1.2. In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:

A. Identifiers. Examples: name, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)). Examples: a name, signature, physical characteristics or description, address, and telephone number. Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law. Examples: Age, race, ancestry, national origin, citizenship, religion or creed, marital status, 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).

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

E. Internet or other similar network activity. Examples: Browsing history (if using our website), search history, and information on a consumer's interaction with a website, application, or advertisement.

F. Geolocation data. Examples: Physical location or movements.

G. Sensory data.Examples: Audio, electronic, visual, or similar information.

H. Inferences are drawn from other personal information.Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.

1.3. Personal information does not include: (i) Publicly available information from government records;
(ii) De-identified or aggregated consumer information;
(iii) Information excluded from the CCPA's scope, like
i. 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;
ii. 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 1994.1.4. We obtain the categories of personal information listed above from the following categories of sources:
Directly from our consumers or their agents. For example, from information consumers provide to us related to the Services for which they engage us. Directly from you when you provide it to us. For example, if you share your name and contact information to ask a question about our website or app. Indirectly from you. For example, from observing your actions on our websites and in our app. From third parties, for example, our service providers.

 

2.1. We may use or disclose the personal information we collect for one or more of the following purposes: (i) To fulfil or meet the reason for which you provided the information. For example, if you share your name and contact information to ask a question about our website, app or product we will use that personal information to respond to your inquiry.
(ii) To provide, support, personalize and develop our websites, apps and products.
(iii) To process your requests and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
(iv) To notify you about changes to our websites, apps or any products or services we offer or provide through our websites and apps.
(v) To notify you about changes to our policies and/or terms of use.
(vi) To maintain a record of our dealings with you.
(vii) To understand and analyze the usage trends and preferences of our Users, to improve our websites, apps and other products and to develop new features, and functionality.
(viii) To contact you for administrative and information purposes - this may include providing customer service or sending communications, including changes to our terms of use.
(ix) To engage features of third-party social networks.
(x) For testing, research, analysis and product development.
(xi) To help maintain the safety, security, and integrity of our websites and apps, and databases, other technology assets and business.
(xii) To diagnose or fix technological problems in relation to our websites, apps and products.
(xiii) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
(xiv) To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
(xv) To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
(xvi) As described to you when collecting your personal information or as otherwise set forth in the CCPA.

 

3.1. We may disclose your personal information to a third party for business purposes. When we disclose personal information for a business purpose, we enter into 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.

3.2. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose: Category A: Identifiers.
Category B: Personal information categories listed in the California Customer Records statute.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category K: Inferences drawn from other personal information.

3.3. We disclose your personal information for business purposes to the following categories of third parties: (i) our affiliates.
(ii) Service providers.
(iii) 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.
(iv) Law enforcement bodies and courts.

3.4. We share your personal information for the following general purposes: (i) Service Providers: we may disclose personal information to third-party service providers that assist us with our operations. For example, analytics, log management, payment processing and data storage and processing services.
(ii) Protecting our Rights: we may disclose personal information to third parties if We believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
(iii) Corporate Transaction: Personal information may be disclosed as part of a corporate transaction, such as a merger, acquisition, debt financing, sale of Company's assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information could be transferred to third parties as one of our business assets.

3.5. In the preceding twelve (12) months, we have not sold any personal information.

 

4.1. The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

4.2. 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 twelve (12) months. Once we receive and confirm your verifiable consumer request (see "Exercising Access, Data Portability, and Deletion Rights" section), we will disclose to you: (i) The categories of personal information we collected about you.
(ii) The categories of sources for the personal information we collected about you.
(iii) our business or commercial purpose for collecting and selling that personal information.
(iv) The categories of third parties with whom we share that personal information.
(v) The specific pieces of personal information we collected about you (also called a data portability request).
(vi) If we disclosed your personal information for a business purpose, a list with disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

4.3. 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 (see "Exercising Access, Data Portability, and Deletion Rights" section), 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 provider(s) to (i) 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.
(ii) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
(iii) Debug products to identify and repair errors that impair existing intended functionality.
(iv) Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
(v) Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
(vi) 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.
(vii) Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
(viii) Comply with a legal obligation.
(ix) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

4.4. Exercising Access, Data Portability, and Deletion Rights

4.4.1. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by either: ai@photogo.app


4.4.2. Only you, or someone legally authorized 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.

4.4.3. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (i) Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of such person; and
(ii) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

4.4.4. 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.

4.4.5. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

4.5. Response Timing and Format

4.5.1 We endeavour to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

4.5.2. Any disclosures we provide 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.

4.5.3. 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.

4.6. Personal Information Sales Opt-Out and Opt-In Rights

4.6.1. If you are a California resident and 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt out of future sales at any time.

4.6.2. To exercise the right to opt out, you (or your authorized representative) shall submit a variable notice to ai@photogo.app.

4.6.3. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales.

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) Deny you goods or services.
(ii) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
(iii) Provide you with a different level or quality of goods or services.
(iv) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

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 post the updated Privacy Notice via the Services or on the Site and update the Privacy Notice's effective date. Your continued use of our websites, apps and Services following the posting of changes constitutes your acceptance of such changes.

7.1. If you have any questions or comments about this Privacy Notice, the ways in which the Company collects and uses your information described here and in our Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative responsible for personal information as follows:


7.2. If you have any questions about this Privacy Notice or our Privacy policy, you can contact us at ai@photogo.app.