California Consumer Privacy Rights

Effective Date: November 1, 2020.

This Privacy Notice for California Residents (“Supplemental Notice”) supplements information contained in our Privacy Policy, which is incorporated herein by this reference, and applies solely to visitors, users, and others who are California residents, as defined in Section 17014 of Title 18 of the California Code of Regulations (referred to herein as “consumers” or “you”). We adopt this Supplemental Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA and our Privacy Policy and not defined herein have the same meaning when used in this Supplemental Notice.

Information EarthLink Collects

We collect 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, household, or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Categories of Personal Information Collected by EarthLink Collected?
  • Identifiers (e.g., name, mailing address, email address, phone number, credit/debit card number)
  • California Customer Records Information (e.g., bank account or financial information) in Cal. Civ. Code § 1798.80(e)
  • Commercial information (e.g., products or services purchased, purchase history)
  • Internet or other electronic network activity (e.g., browsing history, device information)
  • Audio, electronic, visual, or similar information (e.g., recording of customer service calls)
  • Professional or employment-related information (e.g., past job history, resume)
YES
Categories of Personal Information NOT Collected by EarthLink Collected?
  • Characteristics of protected classifications under California or federal law (e.g., race, nationality, gender identity)
  • Geolocation Data (e.g., physical location or movements)
  • Non-public education information (e.g., transcripts, grades, class lists)
  • Biometric Information (e.g., genetic, physiological, behavioral characteristics)
  • Inferences drawn from other Personal Information
NO

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, when you create an account with us, when you provide Feedback to us, or when you complete transactions with us.
  • Indirectly from you. For example, from observing your actions on our Services.
  • Third Parties. For example, third party referral services that send us your contact information after you have expressed an interest in EarthLink Services.

How EarthLink Shares Your Personal Information

We may disclose your Personal Information for a business purpose with certain third parties in order to provide EarthLink Services (our “Service Providers”). In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose with our Service Providers:

  • Identifiers.
  • California Customer Records Personal Information Categories.
  • Commercial information.
  • Internet or other similar network activity.
  • Audio, electronic, visual, or similar sensory data.
  • Professional or employment-related information.

We do not sell your Personal Information for a commercial purpose to third parties in exchange for money as the term is traditionally understood. However, California law may treat certain sharing of information for advertising purposes as a “sale.” If you have seen ads on EarthLink Services in the past twelve (12) months, then under California law the following categories of Personal Information might have been “sold” to our third party Ad Partners:

  • Device information associated with a device used to interact with advertisements on EarthLink Services (such as a device identifier, cookies, beacons, mobile ad identifiers and similar technology).
  • Internet and other electronic network activity information associated with a device used to interact with advertisements on EarthLink Services.

Your CCPA Rights and Choices

The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of Personal Information we have collected about you.
  • The categories of sources from which the Personal Information we collected about you is collected.
  • Our business or commercial purpose for collecting that Personal Information.
  • The specific pieces of Personal Information we collected about you (also referred to as a data portability request).
  • If we sold or disclosed your Personal Information for a business or commercial purpose, we will disclose to you two separate lists disclosing:
    • any sales, identifying the categories of third parties to whom we sold your Personal Information to and identifying the Personal Information categories that each category of third party recipient purchased; and
    • any disclosures, identifying the categories of third parties to whom we disclosed your Personal Information to and identifying the Personal Information categories that each category of third party recipient obtained.

You may only make a verifiable consumer request for exercising your Right to Know twice within a 12-month period.

Right to Delete

You have the right to request that we delete the Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our Service Providers to delete) your Personal Information from our records, unless an exception applies. Following a verified deletion request, we will retain a record of your request to ensure that we do not re-insert your information into our systems. This record allows us to comply with our legal obligation to you.

Right to Opt-Out of Personal Information Sales

You have the right to direct us not to sell your Personal Information at any time in accordance with law.
EarthLink does not sell your Personal Information for a commercial purpose to third parties in exchange for money. But, under California law, sharing certain information for advertising purposes may be considered a “sale” subject to the opt out requirements under the CCPA.

To exercise your right to opt out, you (or your authorized agent), please submit a by emailing us at [email protected]. We will only use the Personal Information provided in an opt out request to review and comply with the request. Once you make an opt out request, we will wait at least twelve (12) months before asking you to reauthorize sales of your Personal Information.

How to Exercise Your Right to Know and Right to Delete

To exercise the Right to Know and Right to Delete as described above, please submit a verifiable consumer request by emailing us at [email protected]. Only you, or a person that you have 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.

If you are making a Right to Know or Right to Delete request as an authorized agent on behalf of a California resident, EarthLink requires that you submit a notarized permission form to [email protected]. The permission form must be signed by the individual for whom you are making the request and by you.

If you are an existing EarthLink customer, we will reasonably work to verify your identity through our existing authentication practices for your password-protected EarthLink account. If you do not have an EarthLink account, we will reasonably work to verify your identity, where feasible, by matching the identifying information provided in your consumer request with any Personal Information that EarthLink currently maintains.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or your authority to make the request. If we cannot verify the identity of the person making the request to a reasonable degree of certainty, we will deny the request and inform you of the reasons. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If we suspect fraudulent or malicious activity, we will not comply with your Right to Know or Right to Delete requests until further verification procedures determine that your request is authentic. We will not disclose through a verifiable consumer request any Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, any security questions and answers, or unique biometric data.

EarthLink’s Response Timing and Format

We will endeavor to respond to your Right to Know and Deletion Requests within 45 days of our receipt of your request. If we require more time, we will inform you of the reason and extension period in writing. If you have an EarthLink account with us, we will deliver our written response to your account. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request. If we are unable to comply with you request, we will explain the basis for our denial.

We will 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.

Non-Discrimination Notice

We will not discriminate against you for exercising any of your CCPA rights under law or in our Privacy Policy.

Direct Marketing Disclosures

California’s “Shine the Light” law (Civil Code Section § 1798.83) also permits users of our website(s) that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us via the contact information provided at the end of this Supplemental Notice.

Changes to the Supplemental Notice

We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Notice on our website and update the effective date. Your continued use of our website(s) and our Services following posting of changes to this Supplemental Notice constitutes your acceptance of such changes.

EarthLink’s Contact Information

Please contact us if you have any questions about EarthLink’s Privacy Policy, this Supplemental Notice, or the ways in which you may exercise your rights under the CCPA, at [email protected] or EarthLink, LLC, Legal Department, 980 Hammond Drive NE, Suite 400, Atlanta, Georgia 30328.