california notice at collection and privacy notice
California Notice at Collection and Privacy Notice
This Simple Move California Notice at Collection and Privacy Notice (“California Privacy Notice”) is only applicable to California residents (“you”). It supplements the information contained in our Simple Move Privacy Policy. It is delivered on behalf of Simple.Life Apps Inc, a Delaware corporation with registration no. 7688095 and registered address at 8 The Green, Ste A, Dover, County of Kent, DE 19901, USA (“Simple”, “we”, “us”, and “our”) and governs certain personal information we collect from you.
Simple Move is a general wellness product. It is not a medical device, it does not provide medical advice, diagnosis or treatment, and it is not a HIPAA covered entity or business associate in respect of the Services described in this California Privacy Notice.
We have adopted this California Privacy Notice to comply with the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq. (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”) and as implemented by the CCPA Regulations at 11 C.C.R. § 7000 et seq. Please take the time to read and understand this California Privacy Notice.
Scope
This California Privacy Notice covers personal information collected from or processed about you when you use our website moves.simple.life and its related pages, the Simple Move onboarding, quiz and checkout pages hosted on the simple.life domain, and our mobile application “Simple Move” (“Simple Move”, the “app”, or the “application”), including by downloading, installing, registering with, accessing or otherwise using the application (collectively referred to herein as “Use”).
There is other personal information that this California Privacy Notice does not cover. In some cases, that personal information may not be subject to the CCPA. In other cases, a different privacy notice may apply. Accordingly, this California Privacy Notice and/or the California privacy rights set out herein may not apply to you or to all of your personal information. For example, personal information we have from California residents in their capacity as current or former employees, personnel, or independent contractors of Simple Move is covered by a separate notice we provide to our personnel, and not by this California Privacy Notice.
The following is not personal information for purposes of the CCPA:
- publicly available information
- lawfully obtained, truthful information that is a matter of public concern
- deidentified consumer information about California residents, and
- aggregate consumer information about California residents (in each case, as those terms are used in the CCPA).
This California Privacy Notice does not apply to such information.
Notice at Collection and Our Prior Collection, Use and Disclosure of Personal Information During the Preceding 12 Months
The CCPA requires us to give you specific information about the categories of personal information we collect about you, the sources from which we have obtained that information, the purposes for which we collect it, and the categories of entities to whom we disclose it, whether we sell or share it, and how long we retain it. The table below sets out our relevant practices currently and over the last twelve months. Our collection, use and disclosure of personal information depends on your relationship with us and your interaction with us.
| Category of Personal Information | Sources From Which Collected | Business or Commercial Purpose | Categories of Recipients | Sold or Shared? |
|---|---|---|---|---|
| Identifiers — name, email address, account name, unique user ID, device identifiers (IDFA / Android Advertising ID / IDFV), IP address | Directly from you; automatically when you Use Simple Move; via vendors on which we rely (attribution, app stores, payment providers) | Create, authenticate and manage your account; deliver the App and your movement practice plan; communicate with you about the Services; provide customer and technical support; security, fraud prevention and incident investigation; research and analytics; marketing and promotional communications where permitted; as permitted or required by law. | Affiliates; service providers and vendors (cloud hosting, email delivery, customer support, analytics, attribution, crash reporting); advertising partners; parties to a merger, acquisition, financing, reorganisation or sale of assets; regulators, courts and law enforcement where required by law or to prevent harm. | Yes — shared for cross-context behavioral advertising |
| Cal. Civ. Code § 1798.80(e) categories and financial information — name, signature, redacted payment card data, secure payment token, subscription and transaction records, billing country and postal code | Directly from you; from payment processors, payment gateways and app stores | Process subscriptions, purchases, receipts, refunds and chargebacks; calculate and remit sales tax; accounting and audit; fraud prevention; enforce and defend our rights. | Payment processors and gateways; app stores; tax and accounting providers; auditors; Affiliates; regulators and courts where required by law. | No |
| Characteristics of Protected Classifications under California or Federal Law — age, sex or gender, pregnancy status, and medical condition or physical disability (such as self-reported mobility, balance and joint limitations) | Directly from you, or automatically when you Use Simple Move | Build, personalise and adapt your movement practice plan; select the appropriate intensity level and seated or standing variants; support safe use of the movement content; as permitted or required by law. | Affiliates; service providers and vendors strictly necessary to operate the App (cloud hosting, customer support). Not disclosed to advertising partners. | No |
| Commercial information, such as records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies | Directly from you, or automatically when you Use Simple Move | Provide and administer subscriptions; communicate with you about your purchase; research and analytics; personalised content and advertising; marketing and promotional communications; as permitted or required by law. | Affiliates; service providers and vendors (cloud hosting, email delivery, customer support, analytics, attribution, crash reporting); advertising partners; parties to a merger, acquisition, financing, reorganisation or sale of assets; regulators, courts and law enforcement where required by law or to prevent harm. | Yes — shared for cross-context behavioral advertising |
| Internet or other electronic network activity information, such as browsing history, search history or information regarding interaction with an app or advertisement — including session starts and completions, screens viewed, in-app events, email and push interaction, crash logs and diagnostics | Automatically when you Use Simple Move; via analytics, attribution and crash-reporting vendors on which we rely | Operate, secure, debug and improve the App; measure performance; run experiments; research and analytics; personalised content and advertising; as permitted or required by law. | Affiliates; service providers and vendors (cloud hosting, email delivery, customer support, analytics, attribution, crash reporting); advertising partners; parties to a merger, acquisition, financing, reorganisation or sale of assets; regulators, courts and law enforcement where required by law or to prevent harm. | Yes — shared for cross-context behavioral advertising |
| Geolocation data, such as the state or country associated with your IP address. We do not collect precise geolocation as defined in Cal. Civ. Code § 1798.140(w) | Directly from you, or automatically when you Use Simple Move | Determine the appropriate content, language, currency, pricing and tax treatment; security and fraud prevention; analytics; advertising measurement; as permitted or required by law. | Affiliates; service providers and vendors (cloud hosting, email delivery, customer support, analytics, attribution, crash reporting); advertising partners; parties to a merger, acquisition, financing, reorganisation or sale of assets; regulators, courts and law enforcement where required by law or to prevent harm. | Yes — coarse location only, shared for cross-context behavioral advertising |
| Audio, electronic, visual, thermal, olfactory or similar information, — a profile photo or avatar, if you choose to upload one | Directly from you | Display your profile within the App. | Affiliates; service providers and vendors strictly necessary to operate the App (cloud hosting, customer support). Not disclosed to advertising partners. | No |
| Inferences drawn from the information listed above to create a profile about a California resident reflecting their preferences, characteristics and other attributes — including practice and content preferences, engagement and retention propensity, predicted lifetime value, and advertising audience segments | Directly from you, or automatically when you Use Simple Move | Personalise the App and the content we show you; measure and improve marketing performance; build advertising audiences; research and analytics; as permitted or required by law. | Affiliates; service providers and vendors (cloud hosting, email delivery, customer support, analytics, attribution, crash reporting); advertising partners; parties to a merger, acquisition, financing, reorganisation or sale of assets; regulators, courts and law enforcement where required by law or to prevent harm. | Yes — shared for cross-context behavioral advertising |
| Sensitive personal information — (i) health information, being self-reported movement and mobility limitations, back, hip, knee and other joint discomfort, balance and posture concerns, pregnancy status, chronic conditions, injuries, symptoms, energy, sleep and stress levels, and height, weight and BMI; and (ii) account log-in credentials | Directly from you, or automatically when you Use Simple Move | Solely to provide, personalise and support the safe use of the movement content you have asked us for, to secure your account, and as permitted or required by law. We do not use or disclose this information for cross-context behavioral advertising, and we do not use it to infer characteristics about you. | Affiliates; service providers and vendors strictly necessary to operate the App (cloud hosting, customer support). Not disclosed to advertising partners. | No |
The table above reflects our collection over the twelve months preceding the effective date of this California Privacy Notice.
Data Retention
We retain each category of personal information for the period, or according to the criteria, set out below. These periods supplement Section 2 (Personal Data Retention) of the Simple Move Privacy Policy.
| Category | Retention period or criteria |
|---|---|
| Account and profile data | For the life of your account. Deleted following account deletion, subject to removal from backups within 90 days. |
| Health-related onboarding answers and practice history | For the life of your account. Deleted following account deletion, subject to removal from backups within 90 days. |
| Payment and transaction records | 7 years from the transaction, to meet tax, accounting and audit obligations. |
| Support and complaint correspondence | 3 years from closure of the request. |
| Marketing consent, opt-out and suppression records | For as long as necessary to honour your choice, and thereafter as evidence of compliance. |
| Advertising and analytics identifiers and event data | Up to 25 months, after which the data is deleted or aggregated. |
| Records needed to establish, exercise or defend legal claims | Until the applicable limitation period expires. |
To make a request to delete your Simple Move account, please contact us at support@simplemoves.life or delete your account by going to the App settings.
Notwithstanding the foregoing, please note that we may retain your personal information for longer periods of time than set forth above, such as in connection with your privacy-related requests and communications with us, if any, as necessary to comply with our legal obligations, to resolve disputes, or to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use anonymized data previously collected that can no longer be used for personal identification.
How We Disclose Personal Information
In the past twelve months, we have disclosed each of the categories of personal information listed above for business purposes, as set out above. The categories of third parties to whom we disclosed personal information for a business purpose are those identified in the “Categories of Recipients” column of the table above.
Sales and Sharing of Personal Information
We do not sell your personal information for monetary consideration. However, the CCPA defines a “sale” broadly, to include disclosing personal information to a third party for other valuable consideration, and separately defines “sharing” as disclosing personal information for cross-context behavioral advertising. Our disclosures to advertising partners described below may constitute a “sale” and/or “sharing” of personal information under the CCPA. You have the right to opt out, and we explain how to do so below.
Sharing Personal Information for Cross-Context Behavioral Advertising
We may share the following categories of personal information with third-party ad-tech providers and others throughout the online advertising ecosystem for purposes of cross-context behavioral advertising:
- Identifiers
- Categories of personal information described in Cal. Civ. Code Section 1798.80(e)
- Commercial Information
- Internet or other electronic network activity information
- Geolocation data
- Inferences drawn from personal information such as preferences, characteristics, and behaviors
We do not share your sensitive personal information, including your health information, for cross-context behavioral advertising, and we do not sell it.
Your Right to Opt Out of the Sale or Sharing of Your Personal Information
You may opt out of the sale or sharing of your personal information at any time. You do not need an account with us to do so, and we will not ask you to verify your identity before honouring an opt-out request. You can opt out by emailing us at support@simplemoves.life.
Use and Disclosure of Sensitive Personal Information
We collect and use sensitive personal information only for the purposes permitted by Cal. Civ. Code § 1798.121 and 11 C.C.R. § 7027(m) — namely, to perform the Services you have requested, to ensure security and integrity, for short-term transient use, and to verify or maintain the quality and safety of the Services. We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you, and we do not sell or share it. Because our use is limited in this way, the right to limit the use and disclosure of sensitive personal information does not apply, and we are not required to provide a “Limit the Use of My Sensitive Personal Information” link. If our practices change, we will update this California Privacy Notice and provide that mechanism.
Minors Under the Age of 16
Simple Move is not directed to, and is not intended for, anyone under the age of 18. Under our Terms of Use you must be at least 18 years old to use the Services. We do not knowingly collect personal information from anyone under 18, and we do not have actual knowledge that we sell or share the personal information of consumers under 16 years of age. If you believe a person under 18 has provided personal information to us, please contact us at support@simplemoves.life and we will take appropriate steps to delete it.
Your Rights as a California Resident
As a California resident, you have certain rights in relation to your personal information.
Right to Know
You may request us to provide you with the information on how we have collected, used and disclosed your personal information. Specifically, you have the right to know:
- The categories of personal information we have collected about you.
- The categories of sources from which we have collected your personal information.
- The business or commercial purpose for which we collect, sell or share your personal information.
- The categories of third parties to whom we have disclosed your personal information.
- The categories of personal information that we have sold or shared about you and the categories of third parties to whom it was sold or shared.
- The categories of personal information we have disclosed about you for a business purpose and the categories of persons to whom we have disclosed it.
In addition, you have the right to know the specific pieces of personal information we have collected about you. Subject to certain limitations, you may request that we provide this information dating back to January 1, 2022, unless doing so proves impossible or would involve a disproportionate effort.
Right to Make a Deletion Request
You have the right to request that we delete your personal information that we have collected or received. Subject to certain exceptions, we must delete your personal information and direct our service providers and contractors to delete your personal information.
Right to Correct Inaccurate Personal Information
You have the right to request that we correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
Right to Opt-Out of Sales and Sharing of Personal Information
You have the right to opt-out of the sale of your personal information and of our sharing of your personal information for cross-context behavioral advertising purposes. See “Your Right to Opt Out of the Sale or Sharing of Your Personal Information” above for how to exercise it.
Right to Limit the Use and Disclosure of Sensitive Personal Information
See “Use and Disclosure of Sensitive Personal Information” above for our position on the right to limit.
Right to Non-Discrimination
You have the right not to be discriminated against by us for choosing to exercise your rights under the CCPA.
Other Rights: Notice to California Consumers
You have other rights under California’s “Shine the Light” law. California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information to third parties for those third parties’ direct marketing purposes without your consent.
California Medical Information
Simple Move is a general wellness product. It is not designed to maintain medical information for the diagnosis, treatment or management of a medical condition, and we do not make the information you provide available to a provider of health care. Where the Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq., applies to any information you provide to us, we will handle that information in accordance with its requirements.
How to Exercise Your California Privacy Rights
If you wish to exercise your right to know, access specific pieces of personal information we have about you, delete or correct inaccuracies in your personal information, please submit a request to us by contacting us at support@simplemoves.life using the email address linked to your Simple Move account.
To opt out of the sale or sharing of your personal information, use any of the methods described under “Your Right to Opt Out of the Sale or Sharing of Your Personal Information” above. You do not need an account with us, and you do not need to use the email address linked to your account, to submit an opt-out request.
Information for Authorized Agents
You can authorize a person (“Authorized Agent”) to exercise your California privacy rights on your behalf. To submit a request to Simple Move on behalf of another person as an Authorized Agent, please submit a request to us by contacting us at support@simplemoves.life. We may require the Authorized Agent to provide written permission signed by you, and we may require you to verify your own identity directly with us or to confirm to us that you granted the Authorized Agent permission. This does not apply where the Authorized Agent has been granted a valid power of attorney under Cal. Prob. Code § 4000 et seq.
Verifying Your Requests
We only respond to your requests to know, access the specific pieces of personal information we have about you, delete and correct inaccurate personal information when we can verify that you are a California resident exercising your rights regarding your personal information. We do not require verification for requests to opt out of the sale or sharing of your personal information.
We may need to ask you for personal information to verify your request so we can match it to the personal information we already have about you. We may also need to obtain additional information about you that we do not already have. If you provide us with new personal information that we do not already have about you, we will use it solely for the purpose of verifying your request. We will let you know via email if we need more information from you to verify your request. Please reply to our requests promptly.
We will communicate with you about your requests via email. We will use the email address you provided when submitting your request.
If we cannot verify your identity, we will let you know.
Responding To Your Requests
We aim to promptly verify and respond to your requests within 45 days of receipt but may require a total of up to 90 days to respond to your requests. If we require additional time beyond the initial 45 days after we receive your request, we will let you know within the first 45 days.
We will act on a request to opt out of the sale or sharing of your personal information as soon as feasibly possible, and in any event within 15 business days of receipt. We will also notify the third parties to whom we sold or shared your personal information in the 90 days before we received your request that you have exercised your right to opt out, and direct them not to sell or share it further.
We do not ordinarily charge a fee for our response to your requests. However, we may do so to the extent your request(s) are excessive, repetitive, or manifestly unfounded. If we determine that charging a fee is warranted, we will let you know and will provide you with an estimate of the associated costs of responding to your request(s).
If we determine that we cannot or will not take the action that you requested, we will let you know. We will inform you of our reasons for not taking action and any rights you may have to appeal the decision.
Unless you tell us that you would like to receive a response via postal mail, we will respond to you via email regarding your requests to know and to access the specific pieces of personal information we have about you. We will contact you at the email address you provided when submitting your request(s). If you would like to receive responses to a request to know or access personal information via postal mail rather than email, please let us know when submitting your request(s).
Limitations
We are only required to respond to certain requests twice in any twelve-month period. We are not required to provide you access to specific pieces of personal information more than twice in any twelve-month period. Similarly, we are not required to comply with your “requests to know” more than twice in any twelve-month period.
We aim to make this California Privacy Notice reasonably accessible to consumers with disabilities. If you use assistive technology and have difficulty accessing this notice, please contact us at support@simplemoves.life and we will provide the information in an alternative format.
Changes to Our California Privacy Notice
From time to time, Simple Move may update or revise this California Privacy Notice. If there are changes to the terms of this California Privacy Notice, documents containing the revised policy will be updated.
How to Contact Us
If you have any questions or concerns about this California Privacy Notice, please contact us at support@simplemoves.life. You can also contact our data protection officer at dpo@simple.life.