Consumers are hereby advised that TherapyTravelers (“TherapyTravelers”), as part of its business practice, intends to collect the Personal Information about Consumers, including:
- Educational Information
- Past employment history (CV/resume/job application)
- Salary history, to the extent permitted by law
- Retirement information/planning
- Family details (dependents, ages, marriage, prior marriage)
- Home address (current, past), home telephone, cell phone
- Social security and immigration status
- Daycare arrangements; Reimbursement set-asides
- Medical, to the extent permitted by law
- Driver’s license and other applicable licenses, including professional
- Legal issues – child support/alimony/wage garnishments/subpoenas
- GPS/biometric testing/drug testing
The foregoing information shall be used solely for employment purposes and/or advisement of possible employment opportunities. TherapyTravelers does not sell the information collected to third-parties and only submits information to third-party businesses in accordance with the following paragraph.
Specifically, Consumers hereby acknowledge and agree, that in submitting any Personal Information to TherapyTravelers, Consumers are permitting TherapyTravelers to submit the information collected by TherapyTravelers (as set forth above) to third-party businesses who TherapyTravelers believes would like to consider Consumers for an employment purpose (i.e. professional assignment or placement). To this end, TherapyTravelers is engaged in placing its employees or applicants with third-party businesses and with that knowledge Consumers agree to permit TherapyTravelers to submit such information.
“Consumer” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier.
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
(B) Any categories of Personal Information described in subdivision (e) of Section 1798.80 of the California Consumer Privacy Act.
(C) Characteristics of protected classifications under California or federal law.
(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E) Biometric information.
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
(G) Geolocation data.
(H) Audio, electronic, visual, thermal, olfactory, or similar information.
(I) Professional or employment-related information.
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
“Personal Information” does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD
Consumers have the right to request that TherapyTravelers disclose what Personal Information it collects, uses, discloses, and sells.
Consumers are permitted to submit a verifiable consumer request to know pursuant to the Request Procedure set forth below.
“Verifiable consumer request” means a request that is made by a consumer, by a consumer on behalf of the consumer’s minor child, or by a natural person or a person registered with the Secretary of State of California, authorized by the consumer to act on the consumer’s behalf, and that the business can reasonably verify, pursuant to regulations adopted by the Attorney General pursuant to paragraph (7) of subdivision (a) of Section 1798.185 of the California Consumer Privacy Act to be the consumer about whom the business has collected Personal Information. A business is not obligated to provide information to the consumer pursuant to the California Consumer Privacy Act if the business cannot verify, pursuant the California Consumer Privacy Act and the regulations adopted by the Attorney General, that the consumer making the request is the consumer about whom the business has collected information or is a person authorized by the consumer to act on such consumer’s behalf.
RIGHT TO DELETE INFORMATION COLLECTED
Consumers have the right to request that TherapyTravelers delete any Personal Information about Consumers which TherapyTravelers has collected from Consumers pursuant to the Request Procedure described hereunder.
TherapyTravelers, upon receipt of a verifiable consumer request to delete their Personal Information, shall delete their Personal Information from its records and direct any service providers to delete the their Personal Information from their records. However, TherapyTravelers or any of its affiliates or service providers shall not be required to comply with their request to delete their Personal Information if it is necessary for TherapyTravelers or service provider to maintain their Personal Information in order to:
(1) Complete the transaction for which the Personal Information was collected, provide a good or service requested by such Consumer, or reasonably anticipated within the context of TherapyTravelers’s ongoing business relationship with such Consumer, or otherwise perform a contract between TherapyTravelers and the Consumer.
(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
(3) Debug to identify and repair errors that impair existing intended functionality.
(4) Exercise free speech, ensure the right of another consumer, employee, or applicant, to exercise his or her right of free speech, or exercise another right provided for by law.
(5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
(6) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when TherapyTravelers’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if Consumers have provided informed consent.
(7) To enable solely internal uses that are reasonably aligned with the expectations of Consumers based on their relationship with TherapyTravelers.
(8) Comply with a legal obligation.
(9) Otherwise use their Personal Information, internally, in a lawful manner that is compatible with the context in which Consumers provided the information.
Consumers may submit a verifiable consumer request to know and/or a request to delete as follows: (1) by phone at the toll-free number of 888.223.8001 and (2) on TherapyTravelers’s website at www.therapytravelers.com.
Upon receiving a request to know or a request to delete, TherapyTravelers shall confirm receipt of the request within 10 days and provide information about how TherapyTravelers will process the request. The information provided shall describe TherapyTravelers’s verification process and when Consumers should expect a response, except in instances where TherapyTravelers has already granted or denied the request.
TherapyTravelers shall respond to requests to know and requests to delete within 45 days. The 45 day period will begin on the day that TherapyTravelers receives the request, regardless of time required to verify the request. If necessary, TherapyTravelers may take up to an additional 45 days to respond to request, for a maximum total of 90 days from the day the request is received, provided that TherapyTravelers provides Consumers with notice and an explanation of the reason that TherapyTravelers will take more than 45 days to respond to the request.
Request to Know
For requests that seek the disclosure of specific pieces of information about Consumers, if TherapyTravelers cannot verify the identity of the person making the request pursuant to the regulations set forth in Article 4 of the California Consumer Privacy Act Regulations, TherapyTravelers shall not disclose any specific pieces of Personal Information to the requestor and shall inform the requestor that it cannot verify their identity. If the request is denied in whole or in part, TherapyTravelers shall also evaluate the request as if it is seeking the disclosure of categories of Personal Information about Consumers pursuant to the following paragraph.
TherapyTravelers shall not provide Consumers with specific pieces of Personal Information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that Personal Information, their account with TherapyTravelers, or the security of TherapyTravelers’s systems or networks.
TherapyTravelers shall not at any time disclose Consumers’ 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, or security questions and answers pursuant to a request.
If TherapyTravelers denies the Consumers verified request to know specific pieces of Personal Information, in whole or in part, because of a conflict with federal or state law, or an exception to the California Consumer Privacy Act, TherapyTravelers shall inform the requestor and explain the basis for the denial. If the request is denied only in part, TherapyTravelers shall disclose the other information sought by the Consumer.
TherapyTravelers shall use reasonable security measures when transmitting Personal Information to the Consumer.
If TherapyTravelers maintains a password-protected account with the Consumer, it may comply with a request to know by using a secure self-service portal for Consumers to access, view, and receive a portable copy of the Consumer’s Personal Information if the portal fully discloses the Personal Information that Consumers are entitled to under the California Consumer Privacy Act and its regulations, uses reasonable data security controls, and complies with the verification requirements set forth in Article 4 of the California Consumer Privacy Act Regulations.
Unless otherwise specified, the 12-month period covered by a Consumer’s verifiable request to know referenced in Civil Code section 1798.130(a)(2) shall run from the date TherapyTravelers receives the request, regardless of the time required to verify the request.
In responding to a verified request to know categories of Personal Information, TherapyTravelers shall provide for each identified category of Personal Information it has collected about the Consumer:
- The categories of sources from which the Personal Information was collected;
- The business or commercial purpose for which it collected the Personal Information;
- The categories of third parties to whom the business sold or disclosed the category of Personal Information for a business purpose; and
- The business or commercial purpose for which it sold or disclosed the category of Personal Information.
TherapyTravelers shall identify the categories of Personal Information, categories of sources of Personal Information, and categories of third parties to whom a business sold or disclosed Personal Information, in a manner that provides Consumers a meaningful understanding of the categories listed.
Requests to Delete
For requests to delete, if TherapyTravelers cannot verify the identity of the requestor pursuant to the regulations set forth in Article 4 of the California Consumer Privacy Act Regulations, TherapyTravelers may deny the request to delete. TherapyTravelers shall inform the requestor that their identity cannot be verified and shall instead treat the request as a request to opt-out of sale, to the extent applicable (TherapyTravelers does not sell this information at this time).
TherapyTravelers shall comply with the Consumer’s request to delete their Personal Information by:
- Permanently and completely erasing the Personal Information on its existing systems with the exception of archived or back-up systems;
- De-identifying the Personal Information; or
- Aggregating the Personal Information.
If TherapyTravelers stores any Personal Information on archived or backup systems, it may delay compliance with the Consumer’s request to delete, with respect to data stored on the archived or backup system, until the archived or backup system is next accessed or used.
In its response to the Consumer’s request to delete, TherapyTravelers shall specify the manner in which it has deleted the Personal Information.
In responding to a request to delete, TherapyTravelers shall disclose that it will maintain a record of the request pursuant to Civil Code section 1798.105(d).
In cases where TherapyTravelers denies the Consumer’s request to delete, TherapyTravelers shall do all of the following:
- Inform Consumers that it will not comply with the request and describe the basis for the denial, including any statutory and regulatory exception therefor;
- Delete the Consumer’s Personal Information that is not subject to the exception; and
- Not use the Consumer’s Personal Information retained for any other purpose than provided for by that exception.
In responding to a request to delete, TherapyTravelers may present Consumers with the choice to delete select portions of the Consumer’s Personal Information only if a global option to delete all Personal Information is also offered, and more prominently presented than the other choices. TherapyTravelers shall still use a two-step confirmation process where the consumer confirms their selection as required by section 999.312(d).
TherapyTravelers shall not discriminate against a Consumer because the Consumer exercised any of the Consumer’s rights under California Consumer Privacy Act, including, but not limited to, by:
(A) Denying goods or services to the Consumer.
(B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
(C) Providing a different level or quality of goods or services to the Consumer.
(D) Suggesting that the Consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, TherapyTravelers is not prohibited from charging a Consumer a different price or rate, or from providing a different level or quality of goods or services to the Consumer, if that difference is reasonably related to the value provided to the Consumer by the Consumer’s data.
Additionally, while not currently applicable, as TherapyTravelers does not sell Personal Information, TherapyTravelers reserves the right to offer financial incentives, including payments to Consumers as compensation, for the collection of Personal Information, the sale of Personal Information, or the deletion of Personal Information. TherapyTravelers may also offer a different price, rate, level, or quality of goods or services to the Consumer if that price or difference is directly related to the value provided to the Consumer by the Consumer’s data.
Should TherapyTravelers at any time offer any financial incentives as described above, it shall notify Consumers of the financial incentives pursuant to Section 1798.135 of the California Consumer Privacy Act and modify this notice accordingly, including providing an explanation of why the financial incentive or price of service difference is permitted under the California Consumer Privacy Act. If such modification is made, it shall include a good faith estimate of the value of the Consumer’s data that forms the basis for offering the financial incentive or price of service difference and a description of the method TherapyTravelers used to calculate the value of the consumer’s data.
Finally, TherapyTravelers may enter a Consumer into a financial incentive program only if the Consumer gives the business prior opt-in consent pursuant to Section 1798.135 which clearly describes the material terms of the financial incentive program, and which may be revoked by the Consumer at any time.
At no time shall TherapyTravelers use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
FOR MORE INFORMATION CONCERNING CONSUMER RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT, SEE THE CALIFORNIA CONSUMER PRIVACY ACT AND ITS REGULATIONS PROMULGATED BY THE ATTORNEY GENERAL.