Supplemental Privacy Statement for California Consumers Under CCPA/CPRA
Last updated: September 8th, 2023
This Supplemental Privacy Statement for California Consumers Under CCPA/CPRA (“California Statement”) supplements our Elite Privacy Statement and further explains required disclosures about how we collect, disclose, and sell the personal information of California consumers and the rights that California consumers may have under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA/CPRA”) where we act as a business under CCPA/CPRA.
When we use the term “personal information” in this California Statement, we are using that term as CCPA/CPRA defines it, which generally means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, personal information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA/CPRA).
In general, the categories of personal information we collect, sources of that information, business and commercial purposes for why we collect and use it, and who we share it with, as well as our personal information retention practices, are as outlined in our Elite Privacy Statement.
California law, however, requires we restate some of this information for specific categories that are defined in CCPA/CPRA. The type of personal information we collect and how we handle that personal information, including if we share or sell that personal information, depends on how you are specifically interacting with us and which Services you are inquiring about. In general, we have collected, disclosed for a business purpose, and sold the following categories of personal information and sensitive personal information from California consumers within the last twelve (12) months:
Categories of Personal Information Collected
| Category of Personal Information | Examples as Defined in CCPA/CPRA | Collected |
|---|---|---|
| A. Identifiers | 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. | ✓ |
| B. Personal information categories listed in the California Customer Records statute, Cal. Civ. Code § 1798.80(e) | 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. | ✓ |
| C. Protected classification characteristics under California or federal law | 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). | ✓ |
| D. Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | ✓ |
| E. Biometric information | 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. | ✗ |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | ✓ |
| G. Geolocation data | Physical location or movements. | ✓ |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | ✓ |
| I. Professional or employment-related information | Current or past job history or performance evaluations. | ✗ |
| J. Non-public education information | 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. | ✗ |
| K. Inferences drawn from other personal information | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | ✗ |
| L. Sensitive personal information | Social security, driver’s license, state identification card, or passport number; user name, 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; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; genetic data; contents of consumer’s mail, email, and text messages unless Elite is the intended recipient of the communication; processing of biometric information for the purpose of uniquely identifying a consumer; and personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. | ✓ |
Categories of Personal Information Disclosed for a Business Purpose
| Category of Personal Information | Disclosed |
|---|---|
| A. Identifiers | ✓ |
| B. Personal information categories listed in the California Customer Records statute, Cal. Civ. Code § 1798.80(e) | ✓ |
| C. Protected classification characteristics under California or federal law | ✓ |
| D. Commercial information | ✓ |
| E. Biometric information | ✗ |
| F. Internet or other similar network activity | ✓ | >
| G. Geolocation data | ✓ |
| H. Sensory data | ✓ |
| I. Professional or employment-related information | ✗ |
| 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)) | ✗ |
| K. Inferences drawn from other personal information | ✗ |
| L. Sensitive personal information | ✓ |
Categories of Personal Information Sold
| Category of Personal Information | Sold |
|---|---|
| A. Identifiers | ✓ |
| B. Personal information categories listed in the California Customer Records statute, Cal. Civ. Code § 1798.80(e) | ✓ |
| C. Protected classification characteristics under California or federal law | ✓ |
| D. Commercial information | ✓ |
| E. Biometric information | ✗ |
| F. Internet or other similar network activity | ✓ |
| G. Geolocation data | ✓ |
| H. Sensory data | ✓ |
| I. Professional or employment-related information | ✗ |
| 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)) | ✗ |
| K. Inferences drawn from other personal information | ✗ |
| L. Sensitive personal information | ✓ |
If you are a California consumer, you may have one or more of the following rights under CCPA/CPRA:
- Right to confirm we process your personal information and, if so, to request we disclose to you: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting, selling, or sharing personal information; (4) the categories of third parties to whom we disclose personal information; and (5) the specific pieces of personal information we have collected about you.
- Right to access (which may include a portable copy), correct, complete, or delete specific pieces of personal information we hold about you.
- Right to limit our use and disclosure of your sensitive personal information.
- Right to opt-out of the sale of personal information, as sale is defined under CCPA/CPRA.
- Right to opt-out of the sharing of personal information, as sharing is defined under CCPA/CPRA.
- Right not to receive discriminatory treatment for exercising your rights under CCPA/CPRA
- Additionally, California Civil Code Section 1798.83 may permit you the right to request information regarding the personal information about you we disclose to third parties for the third parties’ direct marketing purposes.
Requesting Your Rights as a California Consumer
To make a request, you can email us at privacy@elite.com.
Please provide us enough information to verify your identify. We will use information you provide to us to verify your request. If we cannot initially verify your identity, we may request additional information to complete the verification process, such as, for example, a copy of your driver’s license and/or a recent utility or credit card bill. You can designate an agent to make a request on your behalf by either:
- having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or
- by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf.
Please note that we may still require you to verify your identity before we process a request submitted by your agent.
IMPORTANT:
These rights are not absolutely guaranteed and there are several exceptions where we may not have an obligation to fulfill your request. We are only required to honor these rights to the extent that we act as a business/controller under CCPA/CPRA and the requested rights have been granted and apply to you under CCPA/CPRA. Please consult CCPA/CPRA to determine what rights may be available to you and when access to these rights is limited. You may appeal an adverse decision on your requests by mailing us at Elite at 666 Third Avenue, Suite 0600, New York, NY 10172; and you have the right to lodge a complaint to the California Attorney General if you are not satisfied with our responses to your requests or how we manage your personal information. However, we encourage you to first contact us so we can address your concerns directly.