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California Privacy Notice

This California Privacy notice describes the processing of data collected from California Residents, each User and Customer (hereinafter referred as “You, “Your”) with specific rights regarding certain personal information collected, disclosed and sold by certain businesses. This Privacy Notice describes those rights granted to You as per California Privacy Rights Act, 2023 (“CPRA”) and explains how to exercise them.

  1. DEFINATION:
    1. Personal Information: Commonly referred to as Personally Identifiable Information (“PII”), Personal Information (“PI”) may be defined under various privacy laws, but, generally, is a fact about an individual which, if combined with one or more other facts about that individual, would enable others to determine the specific person to whom the facts apply.
    2. Sensitive Personal Information: Sensitive Personal Information (“SPI”) is a subset of PI that requires greater security protections and standards of care in handling. SPI, also known as "special categories of information", is defined as information that if lost, compromised, or disclosed could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. 
  2. CONSUMER RIGHTS UNDER THE CPRA: Under the CPRA, you may have the following consumer rights. Please note that these rights are not absolute and in certain cases are subject to conditions or limitations as specified in the CPRA:
    1. Right to Know: You have the right to request, at no charge, about the categories of Personal Information which We have collected, disclosed, shared or transferred to any third parties in the preceding 12 months.

Detailed Right to Know (Collection and Disclosure):

You have the right to request that We disclose certain information about how We have handled Your Personal Information in the prior 12 months, including the:

        • Categories of Personal Information collected about You;
        • Categories of sources from which we collected your Personal Information;
        • Business and/or commercial purposes for collecting and disclosing Your Personal Information; and
        • Categories of third parties to/with whom Your Personal Information has been disclosed/shared, including for a business purpose; and the specific pieces of Personal Information collected about You.
    2. Right to Access and Portability: You have the right to obtain a list of categories and a copy of the Personal Information, in a portable and (if technically feasible) readily usable format, collected about You covering the 12-month period preceding the request. 
    3. Right to Deletion and Correction: You have the right to request the deletion of your Personal Information We have collected from You. This right may be subject to certain conditions and limitations under the law.
    4. Right to Sharing: You shall have the right to opt out or cease 42Gears from sharing your personal information to any third-party by sending a request to 42Gears. However, we may Share your PI data with the 42Gears subsidiaries for the legitimate purpose in the privacy notice.
    5. Right to be Free from Discrimination: You may exercise all of the above rights at all times and 42Gears will not unlawfully discriminate against You for exercising Your rights under the CPRA.
  1. EXERCISING YOUR RIGHTS
    Authorized Agent
    You can designate an authorized agent to make a request under the CPRA on your behalf if:

      • The authorized agent is a natural person or a business entity registered with the Secretary of State of California;and
      • 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 have the authorized agent to take the following steps:
        • Mail a certified copy of Your written declaration authorizing the authorized agent to act on Your behalf to privacyinfo@42gears.com
        • Provide the information we request in our response to Your e-mail to verify Your identity. The information that we ask You to provide to verify Your identity will depend on Your prior interactions with us and the sensitivity of the personal information at issue.
        • If You provide an authorized agent with power of attorney pursuant to Probate Code Sections from 4000 to 4465, it may not be necessary to perform the aforesaid steps and we will respond to any request from such authorized agent in accordance with the CPRA.
        • We will be authorized to identify the verification of the request with all the possible means available with us before further action is taken and may deny the request as well if the authorized agent does not submit proof that he, she, or it has been authorized by You to act on Your behalf if we request such proof, as permitted by the CPRAWe are also required to provide You with all the categories of personal information that we have collected and disclosed to the third parties (including service providers) for business purposes within the preceding 12 months of Your initiating the request.
  1. HANDLING OF THE REQUEST

    42Gears shall respond to verifiable consumer requests within the required time frames. If you submit the privacy request electronically through our request form or email, we shall respond to you through mail. If you submit your request via toll free, we shall respond to your request electronically via mail, at your consent. If applicable, we shall provide you with a reasonable explanation for not responding to your query. We don't charge any fee for your requests.

    Categories of personal information Do we collect? Do we disclose for a business purpose(s) ? Do we sell?
    Name, Contact Information and other Identifiers: Identifiers such as real name, alias, address, unique personal identifier, online identifier, Internet Protocol(IP) address, e-mail address, account name, or similar information YES YES NO
    Customer Records: Paper and electronic customer records containing personal information, such as name, photographs(if any), address, telephone number, employment history, billing and transaction information YES YES NO
    Purchase History and Tendencies: Commercial information including products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies YES YES NO
    Usage Data: Internet or other electronic network activity information, including but not limited to, browsing history, search history, and information regarding interaction with a website, application, advertisement , including access logs and other activity information related to the use of our Services YES YES NO
    Geolocation Data YES NO NO
    Sensory Data: such as audio, video and other electronic data YES NO NO
    Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting the consumer's preferences and purchase tendencies, which may be used for the targeted advertisement NO NO NO
  2. CATEGORIES OF PERSONAL INFORMATION COLLECTED AND DISCLOSED:

    42GEARS DO NOT SELL OR INTEND TO SELL YOUR PERSONAL INFORMATION. Hence, requests to Opt-out of sale is not received. The personal information we have collected or disclosed about You depends on the context of your interactions with us, the choices You make, including Your privacy settings, and the aspects and features of a Site, Service or other means of interaction.

    We respond to Your verifiable requests within 45 days of Your initiating the Privacy concerns/requests within the parlance of this Privacy Notice.

    42GEARS DO NOT COLLECT OR SHARE ANY SENSITIVE PERSONAL INFORMATION OF YOURS.

  3.  HOW TO EXERCISE YOUR RIGHTS?

    If You do not agree with any changes to this Privacy Notice, You should stop using the Services forthwith and share your concerns at privacyinfo@42gears.com.

    You may exercise your rights by submitting your request or through your authorized agent  by sending us an email or by phone to 18774282423 (toll free) or fill the subject access request form available for your ease. Requests must include the type of request and accompanied by Your full name, California residential address and e-mail address.

    Refer to our Privacy Notice to learn more about the sources from which We collect Your personal information, the business or legitimate purposes for which We collect Your personal information, and the categories of third parties with which We share Your personal information.

    42Gears products and services are designed for usage by organizations. As a result, 42Gears does not intentionally collect or use the personal information of minors under 16 years of age or sell any of their personal data.

    This California Privacy Notice shall be treated as a part and parcel of the Privacy Notice published on our website and does not apply to personal information to which the CPRA regulations doesn’t apply.

Version: 3.0

Last Updated: January 18, 2023

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