The type of information we collect depends on how you use the Site and how you interact with us. “Personal Information” means any data which can be associated with you as an individual, either directly or indirectly, and is collected on either a voluntary or involuntary basis.
The Personal Information we collect via the Site may include:
The Site is not intended to store or transmit “special categories” or “protected classifications” of Personal Information, such as details about your race, color, ancestry, national origin, citizenship, religion, creed, medical condition, physical or mental disability, sex life, sexual orientation, gender identity, gender expression, political opinions, veteran or military status, genetic information, marital status, criminal convictions and offenses.
We collect information from you in three different ways.
a) Personal Information you provide to us.
If you provide information on our Contact Us page through the Site, you will provide us with your identity, contact information, IP address and any other information contained within any attachments you submit (e.g. CV’s, resumes and cover letters, sale inquiries, etc.). This data is collected through direct solicitation and your voluntary submissions. You will also provide us with Personal Information when you correspond with us. We will track basic analytics (for example, open rates and click throughs) and may embed tracking codes in our regular daily email correspondence.
b) Personal Information we collect automatically as you navigate the Site.
In addition, as you use the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including your browser type, the Internet Protocol (IP) address used to connect your computer to the internet, and your usage habits, patterns and preferences. We collect this data using cookies, beacons and similar technologies. We use Google Analytics to help us analyze user habits while visiting our Site. The data gathered from cookies may be transmitted to Google servers in the United States. We employ IP address anonymization to ensure that there is no direct reporting of individual user IPs as part of this process. The information will be used by Google only for the purpose of evaluating website use, creating website activity reports, and other services relating to website activity and internet usage on behalf of PCS. The IP address that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.
We may use any of the following, or other, cookies individually or in combination:
|Cookie name||What it is used for|
|Google Analytics||website analytics and visitor tracking|
|Wordfence||website security and access control|
|YouTube||user viewing preferences|
|Hubspot||website analytics and visitor tracking|
You can remove cookies from your computer through the browser settings. Please note however that doing so may affect, limit or degrade your ability to use of some features on the Site and other websites. Management of cookie settings varies from one browser to another, and the “Help” menu of your web browser should provide instructions how to manage cookies. For your convenience, the links below are to instructions provided by major web browsers relating to such management in those specific browsers:
c) Information You Provide to Third Parties.
If you use the Site’s interactive features to access a third-party site that is linked to the Site, the other user(s) or third-party site may provide us, directly or indirectly with your Personal Information. For example, another user may post your email address and name, or a third-party website may report a purchase you made from that site.
a) You have given us permission to do so.
If you subscribe to our mailing list, we will send you updates and marketing information that you have consented to receive. Similarly, if you contact us with a question or comment, we may need your contact, identity, technical and/or usage information to respond.
b) To Respond to You.
When you contact us, we may collect information that identifies you (such as your name, address and a phone number) along with additional information we need to help us respond to the reason you contacted us and/or to answer your question or respond to your comment. We retain this information to assist you in the future and to improve our customer service, products, Services, and promotions.
c) To Contact You.
We may contact you with offers and information about our Products and Services and our affiliates, including to inform you about our promotions and special offers that may be tailored to your interests. You may opt out of receiving commercial messages (excluding transactional messages) from us by following the instructions contained in our electronic messages or by contacting us as set out below.
e) To Better Understand Our Customers and to Improve Our Services.
In the course of providing our Products and Services, we may collect information on our users’ demographics, interests and behavior and analyze that data. We do this to better understand and serve our users, and to improve our Products and Services.
f) We have a legitimate interest (reasonable business purpose) for doing so.
We may also use any or all of the information above to administer and manage our business in general, which include engaging in “Know Your Customer” and anti-money laundering checks as required by law, regulation, or best business practices. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should, therefore, stop processing your data, please let us know at firstname.lastname@example.org.
g) We need to comply with legal or regulatory obligations.
In certain circumstances, we may need to retain or use your data to comply with laws or regulations.
If you are a data subject falling under the scope of the GDPR, you can exercise the above rights. Please note that these rights are not absolute, and limitations/exceptions may apply in some cases.
In respect of transfers outside of the Company, we either implement the Model Clauses pursuant to Commission decision 2004/915/EC or 2010/87/EU (as appropriate) with the recipient of your Personal Information; and/or ensure that the recipient of your data is registered with the EU-US Privacy Shield.
You can obtain further information in this respect (including a copy of the Model Clauses) by contacting us.
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of that Personal Information, the purposes for which we processed the data and whether we those purposes may be achieved by another means, and the applicable legal requirements.
CALIFORNIA RESIDENTS: CALIFORNIA CONSUMER PRIVACY ACT NOTICE
Notice to California Residents/Your California Privacy Rights
California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year (e.g., responses to requests made in 2018 will contain information about 2017 sharing activities).
We do not share personally identifiable information about you to third party direct marketers.
California residents may request further information about our compliance with this law by sending a request to the address set forth in the Contact Us section. You must include “California Privacy Rights” in the subject line, and your full name, email address, and postal address in your request. Please note that under California law, businesses are only required to respond to a verifiable customer request once during any calendar year, and we are not required to respond to requests made by means other than through this physical mailing address.
California Consumer Privacy Act of 2018
This Privacy Notice for California Residents supplements the information contained in the Notice to California Residents/Your California Privacy Rights and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
The PCS Platform collects 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 device (“personal information“), but does not include in particular:
The Site has collected the following categories of personal information from its consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, and email address.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, physical characteristics or description, address, telephone number, and payment card information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar Platform activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per 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 institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
Personal information does not include:
PCS obtains the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following purposes:
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.
Sharing Personal Information
We may disclose your personal information to a third-party for a business purpose, but we do not sell your personal information to third parties. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
Service providers, including customer service, payment processing, marketing and analytical services; and
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category F: Internet or other similar Platform activity.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Service providers, including customer service, payment processing, marketing and analytical services; and
Sales of Personal Information
In the preceding twelve (12) months, Company has not sold the following categories of personal information:
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that PCS disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights) we will disclose to you:
Deletion Request Rights
You have the right to request that PCS delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights) we will delete and direct our service providers to delete your personal information from our records, unless an exception applies.
Even if verifiable, we may nonetheless deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, 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;
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 free speech rights, 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 research’s achievement, if you previously provided informed consent;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
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.
Exercising Access, Data Portability, and Deletion Rights
You may exercise the access, data portability, and deletion rights described above by submitting a verifiable consumer request to us using one of the following options:
Calling us at +1 (973) 805-7400
Sending an email to email@example.com
To exercise the right to access your personal information stored by PCS, you may submit for any of the following below by emailing firstname.lastname@example.org:
ACCESS TO MY PERSONAL INFORMATION
To exercise the right to obtain a copy of your personal information stored by PCS, you may submit a request to us by visiting:
EXERCISE PERSONAL INFORMATION PORTABILITY
To exercise the right to delete your personal information stored by PCS, you may submit a request to us by visiting:
DELETE MY PERSONAL INFORMATION
Personal Information Sales Opt-Out and Opt-In Rights
We do not sell your information to third parties. If you are 16 years of age or older, you have the right to direct us to not sell your personal information in the event our practices change in the future (the “right to opt-out”). For consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age, we will not sell your information in the event our practices change in the future.
In order to exercise the right to opt-out of personal information sales by PCS, you (or someone legally authorized) may submit a request to us by visiting:
DO NOT SELL MY PERSONAL INFORMATION
As noted above we do not sell your information to third parties. We will retain your opt-out request in the event our practices change in the future. Should your email address change, please submit a new request with your new email address. We reserve the right to take reasonable steps to verify your identity and the authenticity of the request.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Verification Requirement for Requests
Only you, or someone legally authorized 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, data portability, or deletion twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will acknowledge receipt of your request within 10 days and will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will notify and inform you of the reason and extension period in writing.
If we receive a verifiable request to opt-out or Do Not Sell My Personal Information from you, we will act upon that request within 15 days from the date we receive that request.
If you have an account with us, we will deliver our written response to that account electronically. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance (e.g., an excel spreadsheet that has been converted into a changed-locked pdf).
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. PCS does not disclose personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at:
11 Vreeland Rd
Florham Park, NJ 07932
Attn: Privacy Officer
Changes to Our Privacy Notice
PCS reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the PCS Platform and update the notice’s effective date. Your continued use of our Platform following the posting of changes signifies and constitutes your acceptance of such changes.
Notice to Nevada Residents/Your Nevada Privacy Rights
Under Nevada SB 220, Nevada residents have the right to opt out of the sale of their Covered Information (as such term is defined under Nevada law). As noted above, we will not sell your information. However, if you are a Nevada resident, you may submit a request to opt out of future sales by us by writing to us at firstname.lastname@example.org. We will maintain your request in the event our practices change in the future. Should your email address change, please submit a new request to email@example.com with your new email address. We reserve the right to take reasonable steps to verify your identity and the authenticity of the request.
General Data Protection Regulation (“GDPR”) Consent Addendum
This will confirm your express consent to the processing of the Personal Information you provide to us for the purposes stated below. The central nature of our business includes relevant news, reference content, applications, advertising, email communications
Accordingly, in order for you to Contact Us and use the Site, you hereby acknowledge and agree that to the use, collection and processing of your Personal Information provided to us or to our data processor. This double opt-in serves as confirmation of your acknowledgement and consent to our collection, use and processing of your Personal Information as defined in the GDPR.
How We Use Your Personal Information
We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
Right to Withdraw
If you reside in, or are a citizen of a Designated Country (as defined above), you have the right to withdraw your consent at any time; provided that if such consent interferes with or causes us to violate a contract involving you, you agree to indemnify us for any damage or financial penalty incurred as a result of the withdrawal of our consent.
Right to Access
You have the right to access the Personal Information that we may hold about you and the purposes for which we are using it in a structured, commonly used and machine readable format. We may ask for proof of your identity. On receipt of such a request, we will endeavor to respond to you as soon as possible, at most within one calendar month.
Right to Restrict
You have the right, under certain circumstances, to require that we restrict the processing of information that we have about you.
Right to Rectification
You have the right to request that we amend any Personal Information which is incorrect or requires updating.
You have the right to request that we delete any Personal Information pertaining to you, subject to any legally imposed retention requirements to which we may be subject. We will assess any deletion request on a case by case basis and will endeavor to respond to you as soon as possible, at most within one calendar month.
How We Use Your Information and Data
We will use your Personal Information insofar as it is regulated by the GDPR to conduct our business, specifically: pre-market and marketing, reference content, applications, sponsored programs, advertising, email communications, and discussion forums in connection with the purchase and sale of mobile devices.
We may need to share your data when we believe it is required by law or to help protect the rights and safety of you, us or others.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, We will attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
You also have the right to lodge a complaint with the Information Commissioner’s Office (“UK-ICO”), which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, be grateful if you would contact us in the first instance so we can endeavor to deal with your concerns direct.
If you would like to exercise any of these rights or are concerned with the manner in which we have collected or used your Personal Information, please contact us at the following address and provide the following details:
If you are wish to exercise any of these rights, please contact us at firstname.lastname@example.org,
or by postal mail at:
PCS Wireless LLC
11 Vreeland Road
Florham Park, New Jersey 07932
Attn: Privacy Officer