Privacy Notice for Covered Residents

This Privacy Notice for Covered Residents (the “Notice”) supplements the information contained in Project Applecart LLC’s(“Applecart”, “we”, “us”, or “our”)  Privacy Policy and applies only if you reside in the Commonwealth of Virginia, or the States of Colorado, Connecticut, or Utah (the “Covered States”) (a resident of any Covered States, a “Covered Consumer”). The Notice applies equally to Covered Consumers unless noted otherwise.

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For purposes of this Notice “Sell,” “Selling, ”Sale,” or “Sold,” means the exchange of Personal Information for monetary orother valuable consideration by Applecart to a third party. “Sell,” “Selling, ”Sale,” or “Sold,” does not include the following:

• Disclosure of Personal Information to a third party that processes data on behalf of Applecart;
• Disclosure of Personal Information to a third party for purposes of providing a product or service requested by you;
• Disclosure or transfer of Personal Information to an affiliate of Applecart;
• Disclosure or transfer of Personal Information to a third party as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of Applecart’s assets; and
• Disclosure of Personal Information that is intentionally made available by you to the general public via a channel of mass media without restricting the Personal Information to a specific audience.

“Sensitive Data Inferences” means inferences made based onPersonal Data, alone or in combination with other data, which are used toindicate an individual’s racial or ethnic origin; religious beliefs; mental orphysical health condition or diagnosis; sex life or sexual orientation; orcitizenship or citizenship status.

“Sensitive Personal Information” means any of the following: (1) Personal Information revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, or citizenship or citizenship status; (2)genetic or biometric data that may be processed for the purpose of uniquely identifying an individual; (3) Personal Information from a person known to be under 13 years of age; or (4) if you are a Virginia, Connecticut, or Utah Consumer, precise geolocation data. If you are a Colorado Consumer, Sensitive Personal Information also includes Sensitive Data Inferences.

“Verifiable Request” means the identifying information provided by a consumer in connection with a request matches the Personal Information of the 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.

“Targeted Advertising” means displaying to a consumer an advertisement that is selected based on Personal Information obtained or inferred over time from the consumer’s activities across nonaffiliated websites, applications, or online services to predict consumer preferences or interests. “Targeted Advertising” does not include the following:

• Advertising to a consumer in response to a consumer request;
• Advertisements based on activities within our own websites or online applications;
• Advertisements based on the context of a consumer’s current search query, visit to a website, or online application; or
• Processing Personal Information solely for measuring or reporting advertising performance, reach, or frequency.

“Profiling” means any form of automated processing of Personal Information to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“Relevant Data Privacy Law” means the specific data privacy law of the state of which a consumer is a resident: the Consumer Data Protection Act (“CDPA”) for a Virginia Consumer, the Colorado Privacy Act(“CPA”) and Colorado Privacy Act Rules for a Colorado Consumer, and the Connecticut Data Privacy Act (“CTDPA”)for a Connecticut Consumer.

a) Information We Collect

In the past twelve (12) months, Applecart has collected or processed the following categories of Personal Information regarding Covered Consumers:

• 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, 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;

Applecart obtains this 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, and (d) off-line freely available sources such as books and periodicals.

b) Use of Personal Information

Applecart may use or disclose the Personal Information we collect for one or more of the following purposes (collectively for purposes of this Notice, the “Business Purposes”):

• 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;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• To respond to your requests under the Relevant Data Privacy Law; and
• For any other acceptable purposes as set forth in the Relevant Data Privacy Law.

Unless we notify you otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

c) Disclosures of Personal Information

Applecart has disclosed your Personal Information as described in this Notice, including the following categories of information: identifiers (names, physical addresses, email addresses, phone numbers).  

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 sharing the Personal Information, and that requires the receiving party to keep that Personal Information confidential.

We may disclose your Personal Information to the following categories of third parties: our service providers.

Applecart has not Sold any Personal Information about its Covered Consumers, processed Personal Information about its Covered Consumers for Targeted Advertising, or used Personal Information for the purpose of Profiling in furtherance of decisions that produce legal or similarly significant effects, all of the foregoing within the meaning of Relevant Data Privacy Law.  

d) Your Rights and Choices

If you are a CoveredConsumer, depending on where you live, and subject to certainexceptions, you may have some or all of the following rights:

• Right to Know: The right to request that we disclose to you to you the Personal Information we collect, use, or disclose, and the information about our data practices.
• Right to Request Correction: The right to request that we correct inaccurate Personal Information that we maintain about you.
• Right to Request Deletion: The right to request that we delete your Personal Information that we have collected from or about you.
• Right to Opt Out of Targeted Advertising: The right to opt out of the processing of your Personal Information obtained from your activities for the purposes of targeted advertising. Please note that Applecart does not process, use, share, or sell your data for the purposes of Targeted Advertising within the meaning of Relevant Data Privacy Laws.
• Right to Non-Discrimination: The right to not receive discriminatory treatment for exercising your privacy rights.

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If you submit a Verifiable Request, we will disclose whether we have collected or processed your Personal Information and allow you to access the Personal Information we have collected, to the extent we continue to retain the Personal Information. To the extent technically feasible, we will disclose this information to you in a readily usable format that allows you to transmit the data to another entity without hindrance. In the case of individuals located in Colorado, or Connecticut, or Utah, in the event that you make more than one (1) request in any twelve (12) month period, we reserve the right to charge a fee prior to processing any such request(s).

With regard to a Verifiable Request to access, or receive a copy of, 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 may also 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:

• Prevent or detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or investigate, report, or prosecute those responsible for such activity;
• Debug products to identify and repair errors that impair existing intended functionality;
• Engage in public or peer-reviewed scientific 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 permissible under Relevant Data Privacy Law;
• Cooperate with law enforcement agencies concerning conduct or activities that we reasonably and in good faith believe may violate the law;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you are a Virginia, Colorado, or Connecticut resident, you may request that we correct any of your Personal Information that is inaccurate by submitting a Verifiable Request. We will correct any inaccurate Personal Information pursuant to your request, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information. We may deny your correction request if the Personal Information is accurate.

If you choose to exercise a privacy right under the Relevant Data Privacy Law, you have the right not to receive unlawful 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. Additionally, you can submit a request on someone else’s behalf at applecart.co/privacyrights2. In order to submit a request on someone else’s behalf, you must provide a copy of the written authorization signed by the consumer on whose behalf you are submitting the request, or other applicable documentation evidencing your authority to file such a request, such as a power of attorney.

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. 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.  If we decline to act on your request for any reason permitted under the Relevant Data Privacy Law, we will notify you of our decision within forty-five (45) day of receiving your request. If applicable, our response will explain the reasons why we cannot comply with your request.

If you are a Virginia, Colorado, or Connecticut resident and we deny your request or fail to act on it within the required time period, you may have the right to appeal this decision by submitting a new Verifiable Request in which you conspicuously note that you are appealing a previous decision.  If you are a Virginia or Connecticut resident, we will respond to your Verifiable Request to appeal within sixty (60) days of receipt. If you are a Colorado resident, we will try to respond to your Verifiable Request to appeal within forty-five (45) days of receipt, but if we require more time (up to another sixty (60) days) we will inform you of the reason and extension period in writing.  If applicable, our response will explain the reasons why we are denying your appeal, and any further steps that may be available to you.   

Applecart does not and will not, without first obtaining your consent, process your Personal Information for Targeted Advertising, Profiling in furtherance of decisions that produce legal or similarly significant effects, and/or Sale to third parties.  

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.

However, please be aware that it may be a functional necessity for our Services to have Personal Information about you in order to operate, and we may not be able to provide some or all of our Services to you if you direct us to delete your Personal Information.

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