Effective Date: November 1, 2020.
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?|
|Categories of Personal Information NOT Collected by EarthLink||Collected?|
We obtain the categories of Personal Information listed above from the following categories of sources:
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:
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:
The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
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:
You may only make a verifiable consumer request for exercising your Right to Know twice within a 12-month period.
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.
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.
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.
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.
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.
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.