California Privacy Notice

Last Updated: June 29, 2023 

 

This California Privacy Notice (”Notice”) supplements the information contained in our Privacy Notice and applies solely to California residents (“consumer” or “you”). Please note that this Notice does not apply to employees, contractors, or job applicants. If you are an employee, contractor, or job applicant, please refer to the notice we have made available to you.

 

This Notice provides additional information about how we collect, use, disclose, and process personal information of California residents, online and offline, within the scope of the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”). This Notice also provides you with information about your rights under the CCPA.

 

Unless otherwise expressly stated, all terms in this Notice have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA. 

 

Personal Information We Collect

Personal information is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

 

In the last 12 months, we have collected the following categories of personal information:

 

Category of Personal Information	Purpose for Collection, Use, & Disclosure of Personal Information
Identifiers, including your name, physical address, phone number, email address, or other similar identifiers	Providing products and services  Providing customer service and responding to requests Marketing and advertising our products Conducting data analysis and research Identifying and debugging errors that impair functionality Permissible short-term transient use Performing identity verification  Improving products and services Auditing related to interaction with consumer
Personal information as defined in Cal. Civ. Code § 1798.80(e), such as contact information and financial information	Providing products and services  Providing customer service and responding to requests Marketing and advertising our products Conducting data analysis and research Performing identity verification  Auditing related to interaction with consumer
Protected classifications under California or federal law, such as age, marital status, sex, and veteran or military status	Providing products and services  Providing customer service and responding to requests Conducting data analysis and research Performing identity verification
Commercial information, such as information about past transactions or purchases, and products or services of interest to you	Providing products and services  Providing customer service and responding to requests Marketing and advertising our products Conducting data analysis and research Permissible short-term transient use Performing identity verification Auditing related to interaction with consumer
Professional/Employment information, such as your employment history and current employer	Providing products and services  Marketing and advertising our products Permissible short-term transient use Performing identity verification
Internet or similar network activity information, such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement	Marketing and advertising our products Conducting data analysis and research Identifying and debugging errors that impair functionality Permissible short-term transient use
Geolocation data, such as device location	Marketing and advertising our products Conducting data analysis and research Identifying and debugging errors that impair functionality Permissible short-term transient use
Audio, electronic, visual, or similar information, such as call and video recordings	Providing products and services Conducting data analysis and research Providing customer service and responding to requests Auditing related to interaction with consumer
Education information, such as education records and date of graduation	Providing products and services Conducting data analysis and research Permissible short-term transient use
Inferences derived from another category of personal information, such as deriving products of interest from other personal information we have collected about you	Providing products and services  Marketing and advertising our products Conducting data analysis and research

The above categories of personal information may also be disclosed to prevent, detect, and investigate fraud, security breaches, violations of our policies, and potentially prohibited or illegal activities, and to comply with applicable laws, regulations, and other legal obligations.   In addition to the above, we collect the following categories of sensitive personal information:

Category of Sensitive Personal Information	Purpose for Collection, Use, & Disclosure of Sensitive Personal Information
Information that reveals social security, driver’s license, state identification card, or passport number	Providing products and services  Providing customer service and responding to requests Performing identity verification
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	Providing products and services  Providing customer service and responding to requests Performing identity verification  Identifying and debugging errors that impair functionality
A consumer’s precise geolocation	Providing products and services  Providing customer service and responding to requests

 

Sources of Personal Information

We collect personal information relating to California residents from the following sources:

• Directly from you, such as when you apply to open an account, engage in a transaction, visit our website, or engage with us on social media;
• Our affiliates, which are companies related to us by common ownership or control;
• Our business partners and service providers, such as marketing companies, information technology services companies, data providers, fraud prevention services, due diligence and investigatory services, and data analytics providers;
• Publicly available information, such as social media posts or other information you choose to make publicly available.

 

Recipients of Personal Information

As described in the How We Share Personal Information section in our Privacy Notice, we disclose personal information within SMBC and with a variety of affiliates, service providers, and business partners for business purposes. Please review our Privacy Notice for more information.

 

Your California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the personal information we have collected about you, subject to certain limitations:

 

The Right to Know. You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months

• The categories of personal information we have collected about you 
• The categories of sources from which the personal information was collected 
• Our business or commercial purposes for collecting, and where applicable, selling or sharing your personal information 
• The categories of third parties to which we disclosed your personal information 
• The categories of personal information we sold or shared about you and the categories of third parties to which each category of personal information was sold or shared 
• The categories of personal information we disclosed about you for a business purpose and the categories of recipients to which it was disclosed 
• The specific pieces of personal information we have collected about you

 

The Right to Request Deletion of Personal Information. You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.

 

The Right to Opt Out of the Sale or Sharing of Personal Information. We do not engage in the sale or sharing of your personal information. If we decide to sell or share personal information in the future, we will update this Notice accordingly and provide a method of opting out of the sale or sharing.

 

The Right to Correct Personal Information. You may request that we correct personal information that we maintain about you if you believe the information is inaccurate. We may request supporting documentation from you in connection with your request. You may also be able to correct certain personal information that we maintain about you by logging into your account.  

 

The Right to Limit the Use of your Sensitive Personal Information. The CCPA grants individuals the right to limit the use and disclosure of their sensitive personal information to uses/disclosures that are reasonably necessary to provide goods and services, as needed to ensure security and integrity, to prevent fraud or illegal activity, for physical safety, for short-term, transient use, including for non-personalized advertising, to perform services on behalf of the business, to verify or maintain the quality or safety of a service controlled by the business, and to improve, upgrade, or enhance such services. Because we do not use nor disclose sensitive personal information to infer characteristics nor for other purposes not listed here, there is no need to submit a request to limit use and disclosure of your sensitive personal information.

 

The Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising any of the rights described above. However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.

 

How to Exercise Your CCPA Rights 

You may exercise these rights independently or through an authorized agent. Rights requests may be granted in whole, in part, or not at all, depending on applicable law. After verifying your identity, which may require us to request additional personal information from you or require you to log into your account, if you have one, we will notify you if we are able to fulfill your request. If we are unable to fulfill your request, we will outline the reasons why.

 

To exercise your rights to your personal information, please:

• visit our Privacy Portal or
• call (833) 994-2093.

 

Retention of Personal Information 

We retain personal information in compliance with our records retention schedule and for as long as needed based on the purpose(s) for which it was obtained and consistent with applicable law. 

The criteria used to determine our retention periods include:

• whether the information is necessary to manage our business, manage your relationship with us, or satisfy the purpose for which the information was collected,
• whether there is a legal obligation we are subject to (for example, certain laws require the retention of records related to certain transactions for a certain period),
• whether we are subject to a contractual obligation, or
• whether the information is reasonably required to protect or defend our legal rights or property (e.g., due to statutes of limitation, litigation, or regulatory investigations).

 

Please note that your personal information may be used for more than one purpose and may be subject to different retention periods. 

Updates to this Notice

We will update this Notice from time to time. When we make changes to this Notice, we will change the "Last Updated" date above. All changes shall be effective from the date it was last updated unless otherwise expressly indicated.

 

Contact Us

If you have any questions in connection with this Notice or other privacy-related matters, please contact us by emailing SMBCPrivacy@smbcgroup.com.