Privacy Policy for california residents

Last updated: January 20, 2023

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in our Privacy Policy and applies only if you reside in the State of California (i.e. if you are a “California Consumer”).

For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration.

“Share”, “Shared,” or “Sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to a third party for Cross-context Behavioral Advertising, whether or not for monetary or other valuable consideration.

“Cross-context Behavioral Advertising "means the targeting of advertising to a consumer based on that consumer’s Personal Information obtained from activity across businesses or distinctly-branded websites, applications, or services, other than the business or distinctly-branded website, application, or service with which the consumer intentionally interacts.  (In other words, if we send you an ad based solely on your interaction with us or our Services, this is not Cross-context Behavioral Advertising.)  

“Sensitive Personal Information” means Personal Information that is not publicly available and reveals one or more of the following:

  • A consumer's Social Security, driver’s license, state identification card, or passport number;
  • A consumer's account log-in, 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;
  • A consumer’s precise geolocation;
  • A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership;
  • The contents of a consumer’s mail, email, and text messages unless we are the intended recipient of the communication;
  • A consumer’s genetic or biometric data; or
  • Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation.

“Verifiable Request” means that the identifying information provided by a California Consumer in connection with a request matches the personal information of the California Consumer already maintained by us. Identifying information you can submit in order to permit Applecart to verify your request may include your first, middle, and last name, date of birth street address, city, state, zip-code, phone number and email address.

a) Information We Collect

Although the majority of the information collected by Project Applecart LLC (“Applecart”, “we”, or “us”) does not constitute Personal Information or Sensitive Personal Information within the meaning of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), in the past twelve (12) months, Applecart has collected the following categories of Personal Information regarding California residents:

  • Identifiers (names, physical addresses, email addresses, phone numbers);
  • Website traffic information (IP addresses) (note that this is used solely by Applecart for website traffic management purposes, and is not utilized by Applecart in connection with our performance of Services for our clients);    
  • Demographic information (age, race, gender, marital status, religious affiliation, military/veteran status, and national origin/ancestry);
  • Survey response information (please note that survey responses are collected exclusively in Applecart’s capacity as a service provider on behalf of its clients, only from individuals who are responding voluntarily. Applecart maintains all survey response information on a confidential basis);
  • Posts and profiles on social media platforms;
  • Commercial information (property ownership information);
  • Education information; and
  • Employment information;

Additionally, in the past twelve (12) months, Applecart has collected the following categories of Sensitive Personal Information regarding California residents:

  • A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership.  

Applecart obtains this Personal Information and Sensitive Personal Information from the following types of sources: (a) publicly available government records, (b) information made freely available by individuals via a variety of online platforms, (c) information we acquire and gain rights to use through our contracted service providers, (d) off-line freely available sources such as books and periodicals; and (e) in the case of website traffic information and survey response information only, directly from the individuals themselves.

b) Use of Personal Information

Applecart may use or Share the Personal Information we collect for one or more of the following “Business Purpose(s)”:

  • Informed targeted commercial marketing and political consulting services we provide to our customers, the end result of which may include the delivery of messages (by Applecart or our service providers) to you, which may include Cross-context Behavioral Advertising;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To respond to your requests under the CCPA;
  • Undertaking activities to improve, upgrade, or enhance Applecart’s services; and
  • For any other acceptable purposes as set forth in the CCPA.

Additionally, Applecart may use or Share the Sensitive Personal Information we collect for one or more of the following “Business Purpose(s)”:

  • Data analysis for bona fide political campaigns and political advocacy purposes    
  • To respond to law enforcement requests and as required by applicable law,     court order, or governmental regulations;
  • To respond to your requests under the CCPA; and
  • For any other acceptable purposes as set forth in the CCPA.

Unless we update this Notice to reflect otherwise, we will not collect additional categories of Personal Information or Sensitive Personal Information, nor use the Personal Information or Sensitive Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

c) Retention of Personal Information

We retain each category of your Personal Information and Sensitive Personal Information for no longer than is reasonably necessary for one or more Business Purposes, subject to your right to request we delete your Personal Information and Sensitive Personal Information. Due to the nature of the services, it is not possible to predict the length of time that we intend to retain your Personal Information or Sensitive Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain your Personal Information and Sensitive Personal Information for one or more disclosed Business Purpose(s):

  • Whether or not there is a retention period required by statute or regulations;
  • Pendency of any actual or threatened litigation for which we are required to preserve the information;
  • Pendency of applicable statutes of limitations for potential legal claims; and
  • Generally accepted best practices in our industry.

When we determine that it is no longer reasonably necessary to retain your Personal Information or Sensitive Personal Information for one or more disclosed Business Purpose(s) based on the above criteria, we will delete your Personal Information and/or Sensitive Personal Information (as applicable).

d) Disclosures of Personal Information

Within the last 12 months Applecart has disclosed your Personal Information as described in this Notice.

Applecart discloses Personal Information to third parties for a Business Purpose. When we disclose Personal Information for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for disclosing the Personal Information, and that requires the receiving party to keep that Personal Information confidential and not use it for any purpose other than performing the services according to the agreement.

We may disclose your Personal Information to: our service providers.  We do not disclose your Sensitive Personal Information to anyone, except where required by applicable law or court orders, and as necessary to comply with requests from law enforcement agencies.

Applecart does not Sell any Personal Information or Sensitive Personal Information about California Consumers. Applecart’s targeted commercial marketing and political consulting services do not require any disclosure of Personal Information or Sensitive Personal Information to Applecart's customers.

Applecart may Share your Personal Information in the course of our performance of our targeted commercial marketing and political consulting services, as these services sometimes involve the use of your Personal Information for the purposes of Cross-context Behavioral Advertising.

In the past twelve (12) months, Applecart has Shared the following categories of Personal Information about California Consumers: identifiers (names, physical addresses, email addresses, phone numbers).

Applecart does not Share your Sensitive Personal Information.

e) Your Rights and Choices

If you are a California Consumer, you may request information about our collection, use, disclosure and Sale or Sharing of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose:

(a) the categories of Personal Information we have collected about you; the categories of sources from which your Personal Information was collected; our business or commercial purpose for collecting, Selling, or Sharing your Personal Information; the categories of third parties to whom we have disclosed that Personal Information; and the specific pieces of Personal Information we collected about you; and

(b) if we disclosed your Personal Information for a Business Purpose: what categories of Personal Information we disclosed for a Business Purpose, and to which categories of recipients we disclosed it to.

With regard to a Verifiable Request regarding the specific pieces of Personal Information we have collected about you, we reserve the right to further verify your identity by requiring you to compete a signed declaration which verifies that you are the consumer whose personal information is the subject of the Verifiable Request.  

You also have the right to request that we delete any of your Personal Information that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Information is necessary for us or our service providers to:

  • Complete the transaction for which we collected your Personal Information;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • 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 achievement of such research, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which we obtained it.

You further have the right to request that we correct any of your Personal Information or Sensitive Personal Information that is inaccurate by submitting a Verifiable Request. We will correct any inaccurate Personal Information or Sensitive Personal Information pursuant to your request to the extent possible using commercially reasonable efforts. We may deny your correction request if the Personal Information or Sensitive Personal Information is accurate.  We may also delete your Personal Information or Sensitive Personal Information instead of correcting it to the extent such deletion would not negatively impact you.

Lastly, you have the right to request that we limit the use and disclosure of Sensitive Personal Information by submitting a Verifiable Request. If you submit such a Verifiable Request, we may continue to use or disclose your Sensitive Personal Information to:

  • Complete the transaction for which we collected your Sensitive Personal Information, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Use in a short-term and transient manner, including, but not limited to, to facilitate non-personalized advertising shown as part of your current interaction with the Services, but not including disclosure to third parties or use outside your current interaction with the Services;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; or
  • Make any other uses of that information that are permitted by the CCPA and its implementing regulations.

If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment.

You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice, by calling us at 1-866-I-OPT-OUT (1-866-467-8688) and entering service code 722# or by completing a form on our website at applecart.co/privacyrights. You may also submit a Verifiable Request on behalf of your minor child.

After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the 12-month period preceding your request. You can choose to have this information delivered to you by postal mail or electronically. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice each year. If applicable, our response will explain the reasons why we cannot comply with your request.

As explained above, Applecart does not and will not, without first obtaining your consent, Sell your Personal Information.

You have the right to direct us to stop Sharing your Personal Information at any time. You may opt-out here: applecart.co/privacyrights. We do not knowingly Share Personal Information of California Consumers who are under 18 years of age.

Should you choose to exercise any of the rights enumerated under this Notice, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Finally, Applecart can share the following metrics regarding the CCPA requests it has received from ”consumers” (as that term is defined by the CCPA) during the past calendar year:

For calendar year 2021:

Number of requests to know received: 1
Number of requests to know complied with, in whole or in part: 0
Number of requests to know denied: 1
    - Of the 1 requests to know denied during calendar year 2021: 1 request was denied because the requester was not in the database
Number of requests to delete received: 10
Number of requests to delete complied with, in whole or in part: 0
Number of requests to delete denied: 10
    - Of the 10 requests to delete denied during calendar year 2021: 10 requests were denied because the requests were not Verifiable Requests.
Number of requests to opt-out received: 8
Number of requests to opt-out complied with, in whole or in part: 8
Number of requests to opt-out denied: 0
Median number of days to respond substantively to all requests: 1

f) Questions

To ask questions about our Privacy Policy, contact us at:

Project Applecart LLC

Email: privacy@applecart.co