SUPPLEMENTAL CALIFORNIA (CCPA) PRIVACY NOTICE


Contents

LAST UPDATED 2022-01-25

INTRODUCTION

This Supplemental Privacy Policy for California Residents (“Supplemental Privacy Policy”) supplements and is expressly made part of the information contained in continued.com, LLC’s (Continued) Privacy Policy, and it applies solely to the visitors to our websites, our customers, and others who reside in the State of California (“consumers” or “you”). We adopt this Supplemental Privacy Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”).

For purposes of this Supplemental Privacy Policy, “Personal Information” 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, household, or device. Personal Information does not include: de-identified or aggregated consumer information; health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act; or information covered by certain sector-specific privacy laws including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the California Financial Information Privacy Act. All other capitalized terms used in this notice have the same meanings as in the Privacy Policy.

If you are a California resident who has provided Personal Information to Continued or a California resident who believes Continued collected your Personal Information, you may exercise your rights under CCPA as explained in the Supplemental Privacy Policy.

RIGHT TO KNOW

Subject to certain limits, you may ask us to provide you with the following information for the 12-month period preceding your request:

  1. The categories of Personal Information we collected;
  2. The categories of sources from which the Personal Information was collected;
  3. The business or commercial purposes for collecting Personal Information;
  4. The categories of third parties with whom we shared the Personal Information;
  5. The specific pieces of Personal Information we collected about you (also called a data portability request);
  6. If we disclosed Personal Information for a business purpose, a list of the disclosures for a business purpose and the Personal Information categories that each category of recipient purchased.

You may make no more than two requests for information in a 12-month period.

RIGHT TO CORRECT

You may ask us to correct the personal information that you have shared with us (the 'right of rectification’) if that information is inaccurate. You may be able to update much of it yourself on your Account Settings page, including personal and contact details. If you spot any inaccuracies that you can’t fix yourself, please email the details to webmaster@continued.com and we will help rectify it.

RIGHT TO REQUEST DELETION

You may also ask us to delete any Personal Information that we have collected from you. This request, once verified, will delete all your accounts on all Continued learning spaces that is associated with the email address you provided in your request. Under the CCPA, we are not required to delete Personal Information that is necessary to: provide our services; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; debug to identify and repair errors that impair our sites and/or services; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or use Personal Information internally, in a lawful manner that is compatible with the context in which you provided it.

RIGHT TO NONDISCRIMINATION

We will not discriminate against you for exercising your rights under the CCPA, including by:

  1. Denying you good or services;
  2. Charging you different prices or rates for goods or services, including through granting discounts or other benefits or through imposing penalties;
  3. Providing you a different level or quality of goods or services; or
  4. Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods.

However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to the value of your Personal Information. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

RIGHT TO OPT-OUT OR OPT-IN OF SALE OF PERSONAL INFORMATION

The CCPA does grant consumers rights with respect to the sale of their Personal Information. If you are 16 years of age or older, you have the right to direct companies not to sell your Personal Information at any time. If you are between 13 and 16 years of age, your Personal Information can only be sold by companies that you affirmatively authorize to sell your Personal Information. If you are less than 13 years of age, your Personal Information can only be sold by companies that your parent or legal guardian affirmatively authorizes to sell your Personal Information. Continued (including its website, any mobile applications, and services included therein) is intended for a general audience and is not intended for use or view by children under 13 years of age, and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using the System. Furthermore, we may restrict entries to any contests, sweepstakes, or promotions to entrants who are at least 18 years of age.

Consumers who opt in to Personal Information to Personal Information sales may opt out of future sales at any time.

SUBMISSION OF REQUESTS TO KNOW AND/OR REQUESTS TO DELETE

You may submit a request to know or a request to delete:

  1. Submitting this online form; or
  2. By submitting an email request to privacyrequests@continued.com.

We are required to verify your identity before responding to a request to know or a request to delete. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. To verify your identity, there will be a multifactor authentication for deletions. If you indicate on the online form that you would like to delete your records, we will require you to complete the email address field that matches your account email. A verification email will then be sent to that email address. You will need to respond to the email within 10 days before we can process your request. If the multifactor authentication is not complete in that timeframe, we will treat the deletion request as an opt out request instead.

Please note that following your verified request, we will send you your Personal Information from the following email address: jira@lacallegroup.atlassian.net. Any response to your request, including any Personal Information, may be sent as an encrypted file.

Generally, we will process and respond to your request within 45 days. As permitted by the CCPA, if we need more time to respond, we will tell you why and our time to respond will be extended by an additional 45 days (up to 90 days total).

Once you have submitted a request, we will send you a receipt acknowledging your request within 10 days. Please be sure to check your email spam folder or filter for this receipt. If you do not receive such a receipt within 10 days of your submitted request, please send an email to us at privacyrequests@continued.com because an error may have occurred.

You also have the right to designate an agent to exercise these rights on your behalf. We may require proof that you have designated an agent to exercise these rights on your behalf and to verify your identity directly with us. Please contact us at privacyrequests@continued.com for more information if you wish to submit a request through an authorized agent.

Please note that any request for deletion on the Continued.com site will delete all your records on all Continued learning spaces that are associated with the email address you provided in your request.

PERSONAL INFORMATION WE REQUEST

Category CCPA Examples Collected?
Identifiers A real name, alias, postal address, email address, unique personal identifier, Internet Protocol address, account name, Social Security number, driver’s license number, passport number, current or past job history, or other similar identifiers YES
Personal Information categories listed in California Consumer Records statute (Cal. Civ. Code §1798.80(e)) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport 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 Note: Some Personal Information included in this category may overlap with other categories. YES
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, gender/gender identity/gender expression, pregnancy or childbirth and related medical conditions, sexual orientation, veteran or military status, genetic information (including familial genetic information) YES
Commercial Information Records of personal property, products or services purchased, obtained, or considered, or other purchasing histories or tendencies YES
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 NO
Internet or other similar network activity Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement YES
Geolocation data Physical location or movements NO
Sensory data Audio, electronic, visual, thermal, olfactory, or similar information NO
Professional or employment related information Current or past job history or performance evaluations YES
Non-public education information (per the Family Education Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) 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 YES
Inferences drawn from other Personal Information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes NO

Personal Information does not include:

  1. Publicly available information from government records
  2. De-identified or aggregated consumer information.
  3. Information outside CCPA’s scope such as:
    1. Communicating with you via social media platforms;
    2. Personalizing your online experience and providing advertisements, content, or features that match your profile and interests;
    3. Monitoring and analyzing trends, usage, and activities;
    4. Administering sweepstakes, contests, promotions, and surveys.

HOW WE COLLECT PERSONAL INFORMATION

All of the categories of Personal Information we collect about you come from the following categories of sources:

  1. Directly from you - for example, from your account registration to our service, forms on our websites, any posts or comments you make on our websites, surveys you complete, or employment applications for job postings.
  2. Indirectly from you - for example, from observing your actions on our websites or other websites, such as through the use of cookies and other online tracking technologies, or from your transaction history on our websites.
  3. Our affiliate businesses - for example, from Simucase, LLC, SpeechPathology.com, LLC, OccupationalTherapy.com, LLC, Audiology Holdings, LLC d/b/a AudiologyOnline, and/or PhysicalTherapy.com, LLC.
  4. Third parties - for example, from analytics providers such as Google Analytics, state licensure associations, or authorities.

In particular, we have collected the following categories of Personal Information from California consumers within the twelve (12) months preceding your request.

HOW WE USE PERSONAL INFORMATION

We may use or disclose the Personal Information we collect about you as described in our Privacy Policy. We may also use or disclose your Personal Information for one or more business purposes:

  1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to 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 purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your Personal Information to facilitate new product orders or process refunds. If you submit a review of our products or your experience with Continued, we may post that submission on our websites, without identifying you by your full name or address.
  2. To provide, support, personalize and develop our websites, products and services
  3. To process your requests, purchases, transactions, and payments to prevent transactional fraud
  4. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses
  5. To personalize your experience on our websites and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our websites, through third-party sites, and via email or text message (with your consent, where required by law)
  6. To help maintain the safety, security and integrity of our websites, products and services, databases, and other technology assets and our business
  7. For testing, research, analysis, and product development, including to develop and improve our websites, products, and services
  8. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
  9. As described to you when collecting your Personal Information or as otherwise set for in the CCPA
  10. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Continued’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Continued about users of our websites, our customers, and individuals is among the assets transferred

Continued 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 notice.

HOW WE SHARE PERSONAL INFORMATION

Continued may disclose your Personal Information to third parties as described in our Privacy Policy and for certain other business purposes. When we disclose Personal Information for a business purpose, we enter 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 as permitted under the contract.

We share your Personal Information with the following categories of third parties:

  1. Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.
  2. Law Enforcement Agencies. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate: to investigate, respond to, and defend against claims, for legal process (including subpoenas); to protect the property and rights of Continued or a third party; to protect Continued against liability; for the safety of the public or any person; to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity; to protect the security or integrity of our websites and services and any equipment used to make the websites and services available; or to comply with the law.
  3. Third Parties Involved in Business Transfers. Continued may sell, transfer, or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Supplemental Privacy Policy or our Privacy Policy.
  4. Other Third Parties. We may share Personal Information with our affiliates and business partners to whom it is reasonably necessary or desirable for us to disclose your Personal Information for the purposes described in our Privacy Policy and this Supplemental Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including our business or marketing purposes or to assist third parties in understanding our customers’ and visitors’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through our websites.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

Category Disclosed
Identifiers YES
Personal Information categories listed in the California Consumer Records statute (Cal. Civ. Code § 1798.80(e)) YES
Protected classification characteristics under California or federal law YES
Commercial information YES
Biometric information NO
Internet or other similar network activity YES
Geolocation data YES
Sensory data NO
Professional or employment-related information YES
Non-public education information (per the Family Education Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) YES
Inferences drawn from other personal information YES

SHARING OF PERSONAL INFORMATION

In the past 12 months, Continued may have shared your Personal Information for other business purposes such as marketing. However, we are providing you an option to opt out for potential future transfers of Personal Information as stated above. Additionally, if you opt out now, we will limit our use of your Personal Information for certain targeted advertising.

OTHER CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, you have the right to request us to disclose the identity of any third parties to whom we have disclosed Personal Information within the previous calendar year, along with the type of Personal Information we disclosed, for the third parties’ direct marketing purposes. Please note that we are only required to respond to a customer request once during any calendar year and only if we are covered by such California Civil Code section. If you are a California resident and would like to make such a request, contact us through our privacy form available here or privacyrequests@continued.com. Please be aware that not all information sharing is covered by this California law and only information sharing that is covered will be included in our response. We reserve the right not to respond to requests submitted to other email addresses, phone numbers, or mailing addresses.

CHANGES TO THE SUPPLEMENTAL PRIVACY POLICY

Continued reserves the right to amend this Supplemental Privacy Policy at our discretion at any time. When we make changes to this Supplemental Privacy Policy, we will post the Supplemental Privacy Policy on the websites and update the Supplemental Privacy Policy’s effective date. Your continued use of our websites following the posting of changes constitutes your acceptance of such changes.

CONTACT

If you want to submit a request for your Personal Information or a request to delete your Personal Information, you may do so in one of the following ways:

  1. By submitting the online Privacy Request Form
  2. By submitting an email to privacyrequests@continued.com

If you have any other questions, please contact us at privacyrequests@continued.com.