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Privacy Policy Regional Supplement

The below is provided as a supplement to our Privacy Policy to provide additional information to residents of California or other states where we elect to honor these rights.

California

“Shine the Light” Law

California residents may request certain information regarding our disclosure (if any) of personal information to third parties for their direct marketing purposes, pursuant to California Civil Code Section 1798.83 (the California “Shine the Light” law). To make such a request, please contact us, identify yourself as a California resident and provide sufficient information so we can take appropriate action, such as your name, email address or any additional information required.

California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”)

Right of Access:

Certain California consumers may have the right to disclosure of information about our collection, “sale,” “sharing,” or disclosure for a business purpose of their Personal Information, including, to the extent applicable, the following:

  • The categories and specific pieces of Personal Information we have collected about such consumer in the last 12 months
  • The categories of sources from which such Personal Information has been collected
  • The categories of third parties to whom we have disclosed such Personal Information
  • The business or commercial purpose for collecting, disclosing, selling, or sharing such Personal Information
  • The categories of such consumer’s Personal Information we have sold or disclosed for a business purpose, by category for each category of third parties to whom the Personal Information was sold, shared, or disclosed, or we will state that we have not sold or disclosed for a business purpose such consumer’s Personal Information
  • The specific pieces of Personal Information we have collected about such consumer

Please see our Privacy Policy for details regarding the above. We will provide appropriate disclosures upon receipt of a verifiable request, to the extent required by law (or in our discretion if not required by law) and as permitted by our contracts, confidentiality obligations and applicable laws and regulations. We may not be able to provide all of the information requested, such as, for example: (1) if the Personal Information was collected for a single one-time transaction and if, in the ordinary course of business, such information was not retained; (2) we would be required to reidentify or otherwise link any data that, in the ordinary course of business, was not maintained in a manner that would be considered Personal Information; (3) the consumer used different browsers, devices or identifying information and we have not linked all such information together; or (4) if the information was collected, sold, shared, or disclosed outside of the required reporting period, we may decline to respond to such additional requests to the extent permitted under applicable law and regulations.

In addition, we may, to the extent permitted under applicable law and regulations, continue to process data: (1) that is not Personal Information of a California consumer, including aggregate information, deidentified information or publicly available information; (2) where such processing is otherwise permitted under the CCPA, including without limitation where we are acting as a “service provider” under the CCPA, or where the processing of data is otherwise exempt; (3) where such processing is required under applicable law or regulations; (4) to protect our legal rights; (5) to comply with our contractual requirements or other applicable laws or regulations, or (6) where information is not covered by CCPA or another CCPA exception applies. Due to technological limitations, we also may not be able to recognize opt-out requests if a consumer accesses our Website or our Platform using a new browser, a new device or new or modified Personal Information.

Right to Opt Out:

Certain California consumers may have the right to opt out of the “sale” and “sharing” as defined by the CCPA of their Personal Information by contacting us and providing the verification information and other details we need to handle the request appropriately.

We may disclose personal information to the following third parties for a commercial purpose, where such disclosure may be a “sale” or “sharing” under the CCPA:

  • Corporate affiliates (e.g., sister companies, subsidiaries, joint ventures, or other companies under common control);
  • Advertising partners, including digital marketers, ad agencies, web publishers, connected TV providers, demand side platforms, data management platforms, supply-side platforms and social media networks; and
  • third-party service providers as necessary to perform advertising services on our behalf.

Please see the above and the Privacy Policy for information regarding the following selling and sharing activities we may have undertaken in the prior 12 months:

  • The categories of personal information we sold or shared
  • The categories of sources from which we collected such personal information
  • The business or commercial purpose for collecting, selling,, or sharing personal information about you
  • The categories of third parties to whom we sold, shared, or otherwise disclosed personal information

If you believe we are selling or sharing your Personal Information despite your opt-out request, please contact us as set forth in our Privacy Policy.

Right to Deletion:

Certain California consumers have the right to request deletion of their Personal Information by contacting us and providing the required verification information and other details we need to handle the request appropriately.

Non-Discrimination and Non-Retaliation:

California consumers have the right not to receive discriminatory or retaliatory treatment for exercising any of the privacy rights conferred by the CCPA, except as permitted under the CCPA. If you believe you have received discriminatory or retaliatory treatment for exercising your CCPA privacy rights, please contact us.

Right to Correction:

Certain California consumers have the right to request correction of their inaccurate Personal Information by contacting us and providing the required verification information and other details we need to handle the request appropriately.

Right to Limit Use of Sensitive Data:

Certain California consumers have the right to request that we limit the use of their Sensitive Personal Information (as defined in the CCPA) by contacting us and providing the required verification information and other details we need to handle the request appropriately.

European Economic Area, United Kingdom, and Switzerland (“Europe”)

The below is provided as a supplement to our Privacy Policy to provide additional information to individuals in the European Union (“EU”) as required under the EU General Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament to individuals in the United Kingdom (“UK”) as required under the UK General Data Protection Regulation, as transposed into UK national law by operation of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019, as amended or replaced from time to time, and individuals in Switzerland as required under the FADP (collectively, the “European Laws”). This notice includes information such as our purposes for personal information processing, the rights you have regarding our processing of your personal information, and how to contact us if you have any questions regarding our processing of your personal information.

Personal information collected on or about individuals located in Europe is collected on the following legal bases for processing:

  • Necessary for Performance of a Contract: If we or our affiliates have entered into a contract with you, for example to sell, ship, and support Products, we may need to process your personal information.
  • Consent: Where you have provided your consent for us to engage in marketing activities with you, we may need to process your personal information.
  • Legitimate Interest: We may need to process your personal information where we have a legitimate interest in doing so, such as (1) to communicate with you in response to your requests, questions, inquiries, and submissions; (2) to conduct advertising, marketing and promotional activities in connection with operating our business; (3) for Website and Product research and development, including operation, security and optimization of our Websites and improvement of our Products and Product selection; and (4) for fraud prevention.
  • Comply with Legal Obligations: Where we are required to comply with laws or legal obligations.

Individuals located in Europe have certain rights related to the processing of their personal information in our possession or for which we are otherwise responsible, as set forth below:

  • Access: You may request to receive a copy of your personal information in machine-readable form.
  • Delete: You may request we delete some personal information, subject to certain exceptions.
  • Correct or Rectify: You may correct or change some personal information that we store about you; in particular, to correct inaccurate information.
  • Object to or Restrict Processing: You may object to our processing of some personal information about you or restrict or limit our use of some personal information about you.
  • Transfer: You may request, to the extent feasible, the transfer of your personal information to another data controller.
  • Consent Withdrawal: You may withdraw consents you previously granted to us.
  • Automated Decision-Making: You have the right not to be subject to automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you, with certain exceptions. We do not generally engage in such automated decision-making in our Websites or Services, and if we do, we comply with applicable legal requirements in connection with such data processing. We do not as a matter of course conduct automated decision-making.

Certain other details regarding the processing of personal information that individuals located in the Europe may be entitled to receive are contained in other provisions of our Privacy Policy.

The Website is hosted in and provided from the United States, and your use of our Website is governed by United States law. If you are using the Websites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our systems are located, or to other countries where our service providers are located. The data protection and other laws of these countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our systems and facilities, and to the systems and facilities of those third parties with whom we share information, as described in our Privacy Policy. If Personal Information is transferred to a recipient in a country that does not provide an adequate level of protection for Personal Information under the laws of Europe, we will take measures designed to adequately protect your Personal Information, such as ensuring that such transfers are subject to the terms of the EU Model Clauses and/or the UK Model Clauses.

Exercising Your California and European Rights

If you would like to exercise your rights above, please visit our privacy portal, or, if you have an account or accounts with us, please visit your account page(s) at www.bostonscally.com/account or www.bostonscally.com/account/register to review the options available to you to exercise your rights. Please note that some functionality may not be available, or we may not be able to fulfill your request, depending on our legal obligations. For example, we may not be able to delete or anonymize all data as we may be legally required to retain certain data or retain certain data in identifiable form. If functionality to exercise your rights is not available to you directly, or you have any concerns about how we process your data under the CCPA or European Laws, you may contact us as set forth in our Privacy Policy.

The Website is hosted in and provided from the United States, and your use of our Website is governed by United States law. If you are using the Websites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our systems are located, or to other countries where our service providers are located, such as Canada and Singapore. The data protection and other laws of these countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our systems and facilities, and to the systems and facilities of those third parties with whom we share information, as described in our Privacy Policy. If personal information is transferred to a recipient in a country that does not provide an adequate level of protection for personal information under the laws of the EU or UK, we will take measures designed to adequately protect your personal information, such as ensuring that such transfers are subject to the terms of the EU Model Clauses and/or the UK Model Clauses.

Last Updated: April, 2023