CALIFORNIA CONSUMER RIGHTS
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information").
Categories of personal information collected, disclosed and sold by this website from consumers within the last twelve (12) months include the following:
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, or other similar identifiers.||Yes||No||No|
|B. Categories of Personal information as defined in California Civil Code Section 1798.80(e)||A name, address, telephone number, credit card number, debit card number, or any other financial information.||Yes||Yes||No|
|C. Categories of protected classifications under California or federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, disability (including physical or mental, HIV/AIDS, cancer and genetic characteristics), sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, military or veteran status, genetic information (including familial genetic information).||No||No||No|
|D. Commercial information||Crescendo products or services purchased, obtained, or considered.||Yes||No||No|
|E. Biometric information||Physiological, biological, or behavioral characteristics, including an individual's DNA (deoxyribonucleic acid) that can be used alone or in combination with other identifying data to establish the individual's identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns and voice recordings from which an identifier template such as a faceprint, fingerprint (minutiae template) or voiceprint can be extracted and keystroke patterns or rhythms, gait patterns or rhythms, or other physical patterns, and sleep, health, or exercise that contain identifying information in the data.||No||No||No|
|F. Internet or other similar electronic network activity information.||Browsing history, information regarding a consumer's interaction with a website, or application.||Yes||No||No|
|G. Geolocation data.||Physical location.||Yes||No||No|
|H. Sensory information.||Audio, electronic, visual, thermal, olfactory, or similar information.||No||No||No|
|I. Professional or employment-related information.||Current or past job history.||Yes||No||No|
|J. Non-public education information as defined in the Family Educational 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 agency or institution or by a party acting on behalf of the agency of institution. Education records include grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||No||No||No|
|K. Inferences drawn from other personal information.||Inferences drawn from any of the above categories of information used to create a profile of an individual's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.||Yes||No||No|
Personal information does not include:
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, such as:
- medical information covered by the California Confidentiality of Medical Information Act (CMIA) or protected health information collected by a covered entity or business associate governed by the privacy, security and breach notification rules in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and or clinical trial data governed by the Health Information Technology for Economic and Clinical Health Act;
- personal information governed by certain industry specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA) and the Driver's Privacy Protection Act of 1994.
Categories of sources from which the personal information listed above is obtained:
- Directly from website visitors. For example, from information provided through form submissions provided by the user to us related to the services provided on this website.
- Indirectly from website visitors. For example, through information we collect through the course of providing services and content.
- Directly and indirectly from activity on this website. For example, personal information is collected from submissions through this website through its Forms collected from voluntary submissions. This website also collects statistical information such as website usage details automatically. Statistical Information may be "device specific" (meaning it involves information about the hardware and operating system you are using); "location specific" (meaning it involves collecting and processing information specific to your location); "log specific" (meaning it involves information about your Internet Protocol (or IP) address and information about webpage visits such as dates, times, duration and referrals that initiated page visits); and "cookies" (which involve technologies to collect information when you visit the website).
Use and Disclosure of Personal Information
We may use or disclose the personal information collected for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided.
- To provide you with information, products or services that you request from us submitted in any online form contained on this website. This includes information you submit through the "Contact Us" form or the form used to "Sign Up" for the website's related enewsletter. Typically, these forms ask for your First Name, Last Name and an Email Address and also provide a Comments section and will be viewable by Crescendo Staff. All Form Information submitted through the website will be viewable by and accessible to Crescendo staff. In order to ensure that any Form Information is directed to the appropriate person on our staff, such information may be forwarded by email to a member of our staff or others who may need access to such information.
- To provide you with email alerts, advertising or marketing and other notices concerning Crescendo, that may be of interest to you.
- To improve our website and the user's experience of the website.
- For testing and internal research for technological development.
- To provide analytic services, statistical information and product development.
- For example, "Statistical Information" is basic information collected by the website about how you use the website and access its content, such as which pages you have visited. Statistical Information may be "device specific" (meaning it involves information about the hardware and operating system you are using); "location specific" (meaning it involves collecting and processing information specific to your location); "log specific" (meaning it involves information about your Internet Protocol (or IP) address and information about webpage visits such as dates, times, duration and referrals that initiated page visits); and "cookies" (which involve technologies to collect information when you visit the website).
- To verify and maintain the quality and safety of our website and services.
- For example, to improve the website presentation and utilization and for troubleshooting purposes.
- For purposes of aggregating, collecting, studying and reporting website experiences and practices that are anonymous with respect to any website visitor.
- In any circumstance where disclosure may be required by law.
- For example, if Crescendo is compelled to disclose information due to a valid law enforcement request or subpoena, disclosure may occur.
Protect Your Personal Information
We 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.
Please take care to protect sensitive information and avoid transmitting sensitive information through the website. We do not knowingly collect personal information from children under the age of 13.
Disclosure of Personal Information
In the preceding twelve (12) months, we may have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: Categories of personal information as defined in California Civil Code Section 1798.80(e) as Customer Records.
Category D: Commercial Information.
Category F: Internet or other similar electronic network activity information.
Category G: Geolocation data.
We may disclose your personal information for a business purpose to the following categories of third parties:
- Third parties, such as service providers, including those to whom you authorize us to share your personal information in connection with the products, services or information we provide to you.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold personal information we collected. We do not have any actual knowledge that we sell the personal information of minors under 16 years of age.
California Consumer Rights and Choices
The CCPA provides California consumers with specific rights regarding their personal information. This section describes your rights under CCPA and explains how to exercise those rights to access, request deletion or opt out of the sale of your personal information.
Right to Access Your Information
You have the right to request disclosure of certain information about our collection and use of your personal information over the past 12 months. In order to disclose the information, you must submit a verifiable consumer request. We will disclose the following information you:
- The categories of personal information we collected about you.
- The categories of sources we used to collect the personal information about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share your personal information.
- The specific pieces of personal information we collected about you in a portable data format.
- If we sold or disclosed your personal information for a business purpose, we will provide two separate lists disclosing:
- the personal information categories that each category that was sold;
- the categories of third parties who purchased the personal information; and
- the category of personal information purchased by each third party purchaser.
- Note: In the preceding twelve (12) months, we have not sold any personal information we collected.
- Disclosures for a business purpose in the past 12 months
- the categories of personal information
- the category of third party recipient who received the personal information category; and
- whether personal information of minors under 16 years of age has been obtained.
Right to Request Deletion
You have the right to request that we delete any of your personal information that we collected from you. Once we receive and confirm your verifiable request to delete, we will delete your personal information from our records, unless an exception applies.
We may be unable to complete your deletion request if retaining the information is necessary for one or more of the following reasons:
- In order to complete the transaction for which the personal information was collected, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or to prosecute those responsible for such activities.
- To debug our products and services to identify and repair errors that impair existing intended functionality.
- In order to exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided for by law.
- To comply with the California Electronic Communications Privacy Act (California Penal Code § 1546 et seq.).
- To 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 is likely to render impossible or seriously impair the achievement of the research, if you previously provided informed consent.
- To enable solely internal uses that are reasonably aligned with the consumer's expectations based on the consumer's relationship with us.
- To comply with a legal obligation.
- To otherwise use the consumer's personal information for internal and lawful uses of that information compatible within the context in which the consumer provided the personal information.
If one of the above exceptions apply, we will respond to your verifiable consumer request with the reason we are unable to delete your personal information.
Right to Opt-Out of the Sale of Personal Information
You have the right to opt-out of the sale of your personal information.
We have not sold any personal information we collected. We do not have any actual knowledge that we sell the personal information of minors under 16 years of age.
Exercising Your California Consumer Rights
To exercise your right to access and/or delete your personal information, as described above, please submit a verifiable consumer request to us by providing your first name, last name and email address. You will receive a confirmation code to verify your identity via email. You can exercise your rights by either:
- Calling us at (800) 858-9154
- Visiting CCPA Contact form
Only you or a person (agent) registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access to your personal information twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative.
You are not required to create an account in order to make a verifiable consumer request. We will only use personal information provided in a verifiable consumer request to verify the consumer's identity or authority to make the request on behalf of a consumer.
If you are having an authorized agent exercise your rights on your behalf, we will request written authorization from you and will seek to verify as described above. We will accept a legal Power of Attorney under the California Probate Code from you for the authorized agent. To make a request using an authorized agent use our CCPA Contact form and email CCPA@cresmail.com to provide the documentation demonstrating the authorized the agent has authority to exercise rights on your behalf.
Response Timing and Format
We will attempt to respond to a verifiable consumer request within 45 days of its receipt. If we require more time to fulfill your request, we will inform you of the reason and extension period in writing. The CCPA allows for an extension of 45 days, for a total of 90 days to respond if necessary.
If you have an account with us, we will make our response available in that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Our response will provide disclosures regarding the 12-month period preceding the verifiable consumer request's receipt. If we are unable to respond to a request, we will explain the reasons we cannot comply with a request. We will provide your personal information in a format that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
If we determine that your request is excessive, repetitive, or manifestly unfounded, the CCPA permits a fee to be charged in order to respond to the verifiable consumer request. If a fee will be charged, we will notify you how we came to that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your rights under the CCPA, including, but not limited to:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
EUROPEAN UNION PRIVACY RIGHTS NOTIFICATION
- Right to Notice. A data subject has the right to be notified about how his or her personal data will be stored or used. Consistent with those rights, you are advised that: (a) the website is hosted by and for Crescendo; (b) Crescendo is based in Camarillo, California in the United States; (c) Crescendo's servers are based in the United States; and (d) this website is hosted on Crescendo's servers.
- Right to Manage Data. A data subject has: (a) the right to request a copy, or report, of any personal data that Crescendo has collected about the data subject; (b) the right to correct or rectify any personal data that is incorrect; and (c) the right to "be forgotten" which means the data subject can request to have his or her personal data held by Crescendo erased or deleted.
- Right to Object. A data subject has the right to object to and restrict the processing of his or her personal data. This right includes the right to object to processing of personal data for purposes of direct marketing. To exercise this right, any person may use the "unsubscribe" features contained in the footer of any email marketing communication sent by Crescendo.
- Right to Notice Concerning Data Retention. A data subject has the right to understand how data related to the use of any website will be used. Crescendo does not share the data collected by this website with third parties. Data collected by Crescendo will be retained on a case-by-case basis, depending on: (i) the nature of the data; and (ii) the reason for its collection.
Under GDPR, Crescendo is acting as a data "controller" and Crescendo is responsible for responding to any requests about any data subject's rights under GDPR. To contact Crescendo, please send an email to GDPR@cresmail.com.
Interaction with "Do Not Track" Settings
The following statement is made in compliance with California's Online Privacy Protection Act of 2003 ("OPPA"). If your browser is set to "do not track," collection of any information by the website will follow the procedures outlined in this Privacy Statement. Website functionality may be limited if your browser is set to "do not track."
Updates to Privacy Statement
Links to Other Sites
This website is informational and educational in nature. This website is not offering professional legal, tax, accounting, financial or estate planning advice. All persons who use information from this website must seek their own independent and qualified professional advice. For specific advice about the effect of any gift planning concept on your legal, estate planning, tax, accounting or financial situation, please consult a qualified professional advisor.
- Calling us at (800) 858-9154
- Visiting CCPA Contact form
Effective Date: June 19, 2020