Your Privacy Choices And Opt-Out Rights

PRIVACY RIGHTS ADDENDUM 

Do Not Sell or Share My Personal Information

Last Modified: February 1, 2024

This EL TORO Privacy Rights Addendum (“Addendum”) is intended to set forth rights to consumers provided under the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (“CCPA”); the Connecticut Data Privacy Act (“CTDPA”); the Colorado Privacy Act (“CPA”); Utah Consumer Privacy Act ("UCPA"), and the Virginia Consumer Data Protection Act (“VCDPA”). This Addendum is intended solely for, and is applicable only to, natural persons who are residents of the State of California (“California Consumers”), State of Connecticut (“Connecticut Consumers”), State of Colorado (“Colorado Consumers”), State of Utah ("Utah Consumers"), or the Commonwealth of Virginia (“Virginia Consumers”), as defined in their respective privacy laws (together “California, Connecticut, Colorado, or Virginia Consumers”).

For California, Connecticut, Colorado, Utah, or Virginia Consumers, this Addendum supplements the information in EL TORO’s Privacy Policy. If you are not a California, Connecticut, Colorado, Utah, or Virginia Consumer, this Addendum does not apply to you, and you should not rely on it. In addition, EL TORO reserves the right to amend or revise this Addendum at any time and in our sole discretion and with an associated effective date. Any revised Addendum will be posted on EL TORO’s website(s).

YOUR PRIVACY CHOICES AND OPT-OUT RIGHTS

California, Connecticut, Colorado, Utah, and Virginia Consumers have one or more of the following rights: the right to make Opt-Out, Confirmation, Access, Correction, and Deletion requests, and the right to appeal a decision to businesses. These requests can be made by the Consumer or by an authorized agent, Parent, or Legal Guardian on their behalf.

Please note that we may sometimes act as a “business” or “controller” of data, and other times as a vendor, “service provider,” or “third party” for data (for instance, when we merely process our clients’ data to perform a service and then delete it from our systems). Thus, the rights described in this document only apply to some of the data we hold.  In addition, when required by applicable law, we will forward any consumer request to a named client, as feasible.

California, Connecticut, Colorado, Utah, and Virginia Consumers: Right to opt-out of the sale or share of your personal information; Right to opt-out of “targeted advertising”

California, Connecticut, Colorado, Utah, and Virginia Consumers may opt out of the “sale” or “share” of their personal information, though we make this option available to all US residents.  In some of these states, consumers may also opt out of the use of their personal information for “profiling” and/or “targeted advertising.”

If you would like to opt-out:

Upon receipt of your request, we will remove you from our marketing database and/or suppress your name and postal address going forward.  This will opt out a consumer from all EL TORO products and services.

You also may “opt out” by visiting the opt-out pages offered by the NAI (here) and the DAA (here). In addition, this NAI page explains how consumers may opt out of cross-app advertising through their device settings.

California Consumers: Right to limit the use of your sensitive personal information

California Consumers have the right to request that we limit our use of their sensitive personal information.  If you would like us to limit the use of your sensitive personal information:

Upon receipt of your request, we will suppress use of your sensitive personal information in our databases.

California Consumers: Right to request access to the categories of your personal information (“Category Access Request”)

California Consumers have the right to request that we disclose the categories of the personal information we collect, use, or sell. When you exercise this request, you will receive a report on the categories of data we have collected about you, such as the categories of personal information, categories of data sources we have about you, and the categories of third parties with whom we have shared your information. A Category Access Request is different from an Access Request, which returns specific pieces of personal information held.

To request that we disclose the categories of your personal information that we collect, use, sell, or share, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Complete the online web form here; or
  • Contact us at 855-935-8676 (Toll Free).

For security purposes (and as required under applicable law), we will verify your identity by requesting certain information from you. For instance, if you request categories of personal information we have received about you, you may need to confirm that you reside at a particular address or that you are in possession of a particular identifier that confirms to a sufficient statutory degree that you are the person you claim to be.

California, Connecticut, Colorado, Utah, and Virginia Consumers: Right to request access to your personal information (“Access Request” or “Request to Know”)

California, Connecticut, Colorado, Utah, and Virginia Consumers may also request to access specific pieces of personal information we have collected about you. For this type of request, we will provide you with an Access Report which will contain the data we have about you; an explanation of the information we collect, use, or sell; the categories of personal information; categories of data sources; and the categories of third parties with whom we have shared your information.

We may withhold some personal information, however, when we are not able to verify to a reasonably high degree that the personal information we have is that of the person who submitted the request, and, consequently, the release of the information would pose a risk to individuals or our business. For example, we often are not able to provide such specific pieces of personal information – in particular, precise location coordinates – for this reason. For those sets of information, we are not able to sufficiently verify that the personal information we have pertains to the person who has submitted the request, or whether either the person in possession of a device or the person requesting the information is the actual device owner. A number of people may be temporarily in possession of another person’s phone, such as a partner, friend, or work colleague – whether consensually or not. We seek to avoid (and believe privacy laws require us to avoid) a situation where such a person might obtain potentially detailed and sensitive records pertaining to the phone’s owner.  Moreover, because in operating our services we do not collect or connect names to home addresses (which we avoid in order to protect consumer privacy), we do not have other, more conventional ways to verify the identity of an actual device owner.

To request that we disclose the specific pieces of personal information that we have collected from you, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Complete the online web form, here; or
  • Contact us at 855-935-8676 (Toll Free).

For security purposes (and as required under applicable law), we will verify your identity by requesting certain information from you. For instance, you may need to confirm that you reside at a particular address or that you are in possession of a particular identifier that confirms to the sufficient statutory degree that you are the person you claim to be. Please see above for more information about the limits of such verification and our ability to provide specific pieces of information, and how we thus may respond to such requests.

If you are uncomfortable with your device information being used in the ways described above and as set forth in our Privacy Policy, found here, we recommend that you request an “opt-out” of your information, found here and described above. The Network Advertising Initiative (“NAI”), a leading self-regulatory organization, provides additional, comprehensive information about how to opt-out here.

Virginia, Utah, Connecticut, and Colorado Consumers: Right to confirm whether or not we are processing your personal data (“Right to Confirm”)

Virginia, Utah, Connecticut, and Colorado Consumers may also request we confirm whether or not we are processing their personal data. When you exercise this request, you will receive a report on whether or not we are processing your personal data. A Right to Confirm Request is different from an Access Request, which returns specific pieces of personal information held.

To request that we confirm whether or not we are processing your personal data, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Complete the online web form, here; or
  • Contact us at 855-935-8676 (Toll Free).

For security purposes (and as required under applicable law), we will verify your identity by requesting certain information from you. For instance, you may need to confirm that you reside at a particular address or that you are in possession of a particular identifier that confirms to the sufficient statutory degree that you are the person you claim to be.

California, Connecticut, Colorado, and Virginia Consumers: Right to correct your personal information (“Correction Request”)

For California, Connecticut, Colorado, or Virginia Consumers:  If you believe we have inaccuracies in your personal data, you have the right to request we correct the inaccuracies. Upon receipt of a valid Correction Request, we will remove or correct the information you identified as inaccurate from our systems. We will respond to your Correction Request within forty-five (45) days of receipt and may contact you if we need more time to process your request.

To request that we correct inaccuracies in your personal data, you may:

  • Send an email to privacy@eltoro.com, detailing your request; 
  • Send a letter to El Toro.com, LLC, 552 East Market Street, Louisville, KY, 40202; or
  • Contact us at 855-935-8676 (Toll Free).

For security purposes (and as required under applicable law), we will verify your identity by requesting certain information from you. For instance, you may need to confirm that you reside at a particular address or that you are in possession of a particular identifier that confirms to the sufficient statutory degree that you are the person you claim to be.

California, Connecticut, Colorado, Utah, and Virginia Consumers: Right to request deletion of your personal information (“Deletion Request”)

As a California, Connecticut, Colorado, Utah, or Virginia Consumer, you may request that we delete any personal information that we have about you. Note that this is different from your right to “opt-out” of us selling your personal information.

To request that we delete your personal data, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Complete the online web form, here; or
  • Contact us at 855-935-8676 (Toll Free).

Therefore, if you seek to exercise your right to keep us from selling your information by placing your information (such as your mobile identifier) on a suppression list, please complete an “opt-out” request, found here. You also may “opt-out” by visiting the opt-out pages offered by the NAI (here) and the Digital Advertising Alliance (DAA) (here).

Under the CCPA, CTDPA, CPA, UCPA, and VCDPA, we may retain personal information collected directly from consumers, even after receiving a “deletion” request, for certain important purposes, such as: (a) to protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality (such as de-bugging purposes), (c) as necessary for us, or others, to exercise free speech or other rights, (d) to comply with law enforcement requests pursuant to lawful process or other legal obligations, (e) for scientific or historical research, or (f) for our own internal purposes reasonably related to your relationship with us. Please also note that we need certain types of information so that we can provide our services to you. If you ask us to delete it, you may no longer be able to access or use our services.

California Consumers: Employee Request

California offers certain rights to former, current, and prospective employees related to data we collect for employment purposes. If you’d like to request that we delete, return, correct, or opt-out of the data that we may store about you as an employee or applicant, please follow the instructions below. Note that the status of your relationship with us may limit our ability to comply with your request. Also note, we may not be able to delete all employee personal information for current or former employees within the past 7 years because we’re required to retain certain information for legal compliance.

To make an Employee Request, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Send a letter to El Toro.com, LLC, 552 East Market Street, Louisville, KY, 40202;
  • Contact us at 855-935-8676 Toll Free.

California Consumers: Business Representative Request

California offers certain rights to former, current, and prospective clients and/or vendor business representatives to act on the data that is collected for business contact purposes. If you’d like to request that we delete, return, correct, or opt-out of the data that we may store about you as a business contact, please follow the instructions below. Please note that the status of your relationship with us may limit our ability to comply with your request. For example, an active platform user may not opt-out of system notifications.

To make a Business Representative Request, you may:

  • Send an email to privacy@eltoro.com, detailing your request;
  • Send a letter to El Toro.com, LLC, 552 East Market Street, Louisville, KY, 40202;
  • Contact us at 855-935-8676 Toll Free.

Connecticut, Colorado, and Virginia Consumers: Right to Appeal 

If you receive a notice of refusal to take action on a request, you may submit an appeal to privacy@eltoro.com. EL TORO will review and, if necessary, reach out to you via email to request additional information about your submission. Within 45 days of receipt of the appeal, EL TORO will inform you in writing of the result of the appeal, including a written explanation of the reasons for the decision.

Right to nondiscrimination: We do not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.

Information about persons under 16 years of age: We do not knowingly collect personal information from minors under 16 years of age unless we have received legal consent to do so. If we learn that personal information has been collected, we will take reasonable steps to remove their information from our database (or to obtain legally required consent).

Authorized agents: You may designate an agent to make requests under the CCPA on your behalf. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf by providing us with a signed written authorization or a copy of a power of attorney. Please note, we may deny a request from an authorized agent that does not submit proper verification that they have been authorized by you to act on your behalf.

QUESTIONS OR CONCERNS: If you have any questions about this Addendum, our Privacy Policy, or EL TORO’s services or data practices or services, please contact us at privacy@eltoro.com or by mail at:

ATTN:  Privacy Officer
EL TORO
552 E. Market Street, 4th Floor
Louisville, KY 40202