Privacy Notice for California Residents

Effective/Rev October 14, 2023

The following applies to you only if you are a California resident.

Your Rights and Choices

The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.

Right to Access the Personal Information Collected, Disclosed, or Sold

As a California consumer, 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 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:

  • The categories of Personal Information we collected about you
  • The categories of the sources for the Personal Information we collected about you
  • Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information
  • The categories of third parties to whom we disclose, sell, or share that Personal Information
  • The specific pieces of Personal information we collected about you

Right to Request Deletion of Personal Information

As a California consumer, you have the right to request that we delete any or all of your 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 notify our service providers or contractors to delete) your Personal Information from our records, and notify all third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.

We may deny your deletion request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:

  • Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you
  • Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes
  • Debug to identify and repair errors that impair existing intended functionality
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
  • Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or  adheres to all other applicable ethics and privacy laws, when the information’s deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information
  • Comply with a legal obligation

Right to Correct Inaccurate Information

As a California consumer, you have the right to request, if we maintain inaccurate Personal Information about you, to correct such inaccurate Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

Right to Limit Use and Disclosure of Sensitive Personal Information

As a California consumer, you shall have the right, at any time, to direct that we limit our use of your sensitive Personal Information to that use which is necessary:

  • To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services
  • To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes
  • For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter an your experience outside the current interaction with us
  • To perform services on behalf of us, or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us
  • To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us

Right to Opt-Out of the Sale or Sharing of Personal Information

As a California consumer, you have the right, at any time, to direct that we not to sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please click here https://monthlyincome.com/gdpr-opt-out-and-data-request-form/. If you would like to opt-out of the sharing of your Personal Information, please click here https://monthlyincome.com/gdpr-opt-out-and-data-request-form/.

Right to Non-Retaliation if You Exercise any of Your Rights

As a California consumer, you have the right not to be discriminated against for exercising any of your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, we will not:

  • Deny you goods or services
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
  • Provide you a different level or quality of goods or services
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

However, we may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not provide following financial incentives.

How to Exercise Your Rights to Know and to Delete

To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either:

  • Calling us at 888-383-3450
  • Emailing us at [email protected]
  • Completing the form located here https://monthlyincome.com/gdpr-opt-out-and-data-request-form/

Only you, or a person registered with the California Secretary of State that you authorize 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.

You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or your authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Your data privacy and security are of paramount importance to Ault Alliance, Inc. and we are dedicated to safeguarding your rights and ensuring that your privacy is upheld. Our comprehensive Privacy Policy can be accessed at https://monthlyincome.com/privacy

Under the General Data Protection Regulation (GDPR), you are entitled to the following rights in relation to the personal data Ault Alliance, Inc. retains about you:

  1. Obtain access to the personal data we hold on you;
  2. Request rectification or deletion of your personal data;
  3. Limit or voice objections against certain kinds of data processing activities.

To exercise any of these rights, please complete the form below. The details we solicit from you here are exclusively to corroborate your request and will be treated with strict compliance to GDPR regulations. We will not be able to address your request or supply you with personal data if we fail to validate your identity and ascertain that the said data is indeed linked to you.

Alongside the information requested below, kindly submit proof of identification that clearly mentions your name, date of birth, and present residential address. You can provide a photocopy or a digital scan of any one of the subsequent documents as identity proof:

  • Valid passport or any other photo identification
  • Birth certificate or adoption certificate

In addition, please include a copy of a utility bill dated within the past three months, showing your current residential address.

We will reach out to you if we require further details to validate your identity and your right to the data. Please be informed that Ault Alliance, Inc. retains the prerogative to decline your request if we cannot satisfactorily identify you.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 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.

Response Timing and Format

We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.

We do 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.

Information We Collect From California Consumers

We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:

  • Publicly available information or lawfully obtained, truthful information that is a matter of public concern
  • Deidentified or aggregated consumer information

Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months and the length of time we will retain this information. When we disclose Personal Information, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

Information collected

Where and how Information is obtained

Business Purposes

 

 

Commercial Purposes

Service Providers or Third Parties who have access to information or with whom information is shared

 

 

Retention period

Name

Directly from consumer

Maintaining or servicing accounts

Providing customer service

Processing transactions

Verifying customer information

Processing payments

Providing analytical services

Advertising and marketing, except for cross-context behavioral advertising

To advance our commercial or economic interests

To induce another person to buy products, goods, property, information, or services

To enable or effect a commercial transaction

Operating systems and platforms

Payment processors

Ault Alliance does not store CC or ACH info.

Street address

Directly from consumer

Advertising and marketing, except for cross-context behavioral advertising

 

Operating systems and platforms

Payment processors

Until consumer asks us to delete or consumer deletes their account.

Email address

Directly from consumer

Maintaining or servicing accounts

Providing customer service

Processing transactions

Verifying customer information

Processing payments

Providing analytical services

Advertising and marketing, except for cross-context behavioral advertising

To advance our commercial or economic interests

To induce another person to buy products, goods, property, information, or services

To enable or effect a commercial transaction

Operating systems and platforms

Payment processors

 

IP address

Through automated means when consumer uses website

Maintaining or servicing accounts

Providing customer service

Processing transactions

Verifying customer information

Processing payments

Providing analytical services

Advertising and marketing, except for cross-context behavioral advertising

 

Data analytics providers

Information is deleted when transaction is complete

Telephone number

Directly from consumer

Advertising and marketing, except for cross-context behavioral advertising

To advance our commercial or economic interests

To induce another person to buy products, goods, property, information, or services

To enable or effect a commercial transaction

Operating systems and platforms

Payment processors

Information is deleted when transaction is complete

Credit card number

Directly from consumer to our payment provider

Maintaining or servicing accounts

Processing transactions

Processing payments

To enable or effect a commercial transaction

Payment processors

Information is deleted when transaction is complete

Bank information

Directly from consumer to 3rd party portal

Maintaining or servicing accounts

Processing transactions

Processing payments

To enable or effect a commercial transaction

Operating systems and platforms

Information is deleted when transaction is complete

Signature

Directly from consumer to 3rd party portal

Maintaining or servicing accounts

Processing transactions

Processing payments

To enable or effect a commercial transaction

Operating systems and platforms

Physical signatures are held for the length legally required for signed documents.

Records of products or services purchased

From 3rd party portal and payment provider

Maintaining or servicing accounts

Providing customer service

Processing transactions

Verifying customer information

Processing payments

Providing analytical services

 

Operating systems and platforms

Payment processors

For as long as the contract is in effect and for as long as we are legally required to hold such information after the deal is complete.

Records of products or services considered

From 3rd party portal

Maintaining or servicing accounts

Providing customer service

Processing transactions

Verifying customer information

Processing payments

Providing analytical services

 

Operating systems and platforms

Until consumer asks us to delete or consumer deletes their account

Purchasing or consuming history or tendencies

From 3rd party portal

Advertising and marketing, except for cross-context behavioral advertising

 

Operating systems and platforms

Payment processors

180 Days

Geolocation data

Through automated means when consumer uses website

Maintaining or servicing accounts

Providing analytical services

Advertising and marketing, except for cross-context behavioral advertising

 

Data analytics providers

120 Days

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

  • Directly from you. For example, from information that you provide to us through our online forms, email, or other means
  • Indirectly from activity on our Sites. For example, from website usage details collected automatically
  • From third party sources such as companies who provide us with a list of names and email addresses as well as public sources

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order
  • To provide you with information, products or services that you request from us
  • To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections
  • To improve our Sites and present the contents to you
  • For testing, research, analysis and product/service development
  • As necessary or appropriate to protect the rights, property or safety of us, our users, or others
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
  • As described to you when collecting your Personal Information or as otherwise set forth in the CPRA
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred

We may also use or disclose the Personal Information we collect for the following commercial purpose:

  • To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your Personal Information to a third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Our service providers
  • Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you
  • Advertising and marketing companies who deliver our advertisements and promotions to you

Sale of Personal Information

In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” link https://monthlyincome.com/gdpr-opt-out-and-data-request-form/, when you set up an account with us, or as shown on the first page of our Sites.

We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.

Additional Information

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: [email protected] and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.

Please note the following:

  • Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies;  
  • We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
  • Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
  • Users will be notified of any privacy policy changes on our Privacy Policy page;
  • Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
  • Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
  • We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.   

Grievances and Complaints

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at [email protected].

Contact for More Information

If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please contact us at [email protected].