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Reconstruct Privacy Notice

Last modified: December 13, 2019

1. Introduction


Reconstruct, Inc. (“Reconstruct” or “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect from you or that you may provide when you visit the websites www.reconstructinc.com or https://app.reconstructinc.com (the “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

This policy applies to information we collect:

  • on our Websites;
  • in email, text, and other electronic messages between you and our Websites; and
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Reconstruct or any third-party (including our affiliates and subsidiaries); 
  • us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or 
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using these Websites, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates. 

2. Data Controller, Data Protection Officer, and Representative

Reconstruct is the data controller of your Personal Data. At this time, Reconstruct is not required to appoint a Data Protection Officer or a representative in the EU, and has elected not to do so. Reconstruct may be contacted in any manner set forth below in the “Contact Information” Section of this Privacy Notice. 

3. Children Under the Age of 18

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Websites. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not register on the Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at support@reconstructinc.com. 

4. Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of our Websites (“Personal Data”):

  • by which you may be personally identified, such as name, e-mail address, telephone number, user account name, or any other identifier by which you may be contacted online or offline;
  • that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites, and/or
  • about your internet connection, the equipment you use to access our Websites and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and
  • from third parties, for example, your employer.

Information You Provide to Us

The information we collect on or through our Websites are:

  • information that you provide by filling in forms on our Websites. This includes information provided at the time you register to use our Websites. We may also ask you for information you report a problem with one of our Websites;
  • meta-data contained in the images and other documents you upload and which are processed through our Services (i.e. resolution, camera type/model, focal length, project location);
  • processing logs and statistics (i.e., camera model information, processing time and parameters, number of images, coordinate system, settings, etc.);
  • records and copies of your correspondence (including email addresses), if you contact us; and
  • your responses to surveys that we might ask you to complete for research purposes.

The Personal Data we collect is required to enter into a contract with Reconstruct, for Reconstruct to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data (when appropriate), then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it. 

 

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

  • details of your visits to our Websites as described above; and
  • information about your computer and internet connection, i.e., your IP address, operating system, and browser type.

The information we collect automatically includes Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to: 

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize our Websites according to your individual interests;
  • maintain whether you are logged in or logged out from our Websites;
  • speed up your searches; and
  • recognize you when you return to our Websites.

The automatic data collection technologies that we use include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place cookies on your hard drive with your consent. You may withdraw or change your consent at any time by logging into your account and accessing your “User Account” page. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
  • Session Cookies.  We use session cookies containing encrypted information to allow you to uniquely identify you. Each time you log into use our Services, a session cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These session cookies allow us to uniquely identify you when you are logged into use our Services and to process online data transactions and requests. Session cookies are required to use our Services.

We use the following third-party services to help us provide you with our Website and Application and help us manage, maintain, and improve our Website and Application and understand our users. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Website or Application. The information that they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. We do not control these third parties’ use of cookies or other tracking technologies, or how they may be used. If you have any questions about the use of this information, you should contact the responsible party directly.

  • Google Analytics and Other Analytics Providers. We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Websites. Google Analytics uses cookies as described above. You can find out more about how Google uses data when you visit our Websites by visiting “How Google uses information from sites or apps that use our services” (located at www.gooogle.com/policies/privacy/partners).

5. Lawful Basis for Processing Your Personal Data

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

    • Consent. By using our Websites, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Notice. If you do not consent to this Privacy Notice, please do not use the Websites;
    • Legitimate Interests. We will process your Personal Data as necessary for our or your organization’s legitimate interests. Our or your organization’s legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Your organization’s and our legitimate interests are to: facilitate communication between Reconstruct and you; detect and correct bugs and to improve our Websites; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; and develop our product and services; and to provide you access to our Websites and the features and services on our Websites to improve your efficiency and provide your organization with information about its project(s); and
  • As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims. 

6. Special Categories of Information

Reconstruct does not ask you to provide, and we do not knowingly collect or process, any special categories of Personal Data from you.

7. Automated Decisions Making

Reconstruct does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

  • to present our Websites and their contents to you;
  • to provide you with information, products, or services that you request from us;
  • to provide you and your employers with notices about your account, including expiration and renewal notices;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between your organization and us, including for billing and collection;
  • to notify you about changes to our Websites or any products or services we offer or provide though them; 
  • to fulfill any other purpose for which you provide it; and
  • for any other purpose with your consent.

With your consent, we may also use your information to contact you about goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at support@reconstructinc.com. For more information, see Choices About How We Use and Disclose Your Information.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:

  • to our subsidiaries and affiliates;
  • to contractors, service providers, and other third parties we use to support our business. These entities provide IT and infrastructure support services;
  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Reconstruct’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Reconstruct about our Websites users is among the assets transferred;
  • to third parties to market their products or services to you if you have consented to these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
  • to fulfill the purpose for which you provide it. For example, if you sign up to create an account to use our Services, we will use the Personal Data that you provide to confirm your identify and make sure only one account is generated using your Personal Data;
  • for any other purpose disclosed by us when you provide the information; and
  • with your consent.

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Reconstruct, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes. 

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Websites may then be inaccessible or not function properly.
  • Promotional Offers from Reconstruct. We will only use your contact information to promote our own products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by contacting us as set forth below. If we have sent you a promotional email, you may unsubscribe by clicking the “unsubscribe” link at the bottom of the email to be omitted from future email distributions. This opt out does not apply to information provided to Reconstruct as a result of a service purchase or use, product service experience, or other transactions.

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data. 

  • Access and Update. You can review and change your Personal Data by logging into the Websites and visiting your “User Account” page. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect. 
  • Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  • Portability. To the extent the Personal Data you provide Reconstruct is processed based on your consent and that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible. 
  • Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data. 
  • Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. 
  • Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  • How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods listed under Contact Information below and through the live chat feature of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

12. State-Specific Privacy Rights

The law in some states may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Privacy Notice.

Your California Privacy Rights

After January 1, 2010, you have the additional rights described in the California Privacy Addendum. 

13. Do Not Track Signals

Our Websites may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers or operating systems permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

14. Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Websites. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

15. Consent to Processing of Personal Data in the United

If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data.

Your Personal Data is transferred by Reconstruct to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites. To ensure your Personal Data (other than Personal Data you provide directly to us on our Websites) is treated in accordance with this Privacy Notice, Reconstruct uses Data Protection Agreements between Reconstruct and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting us through the Contact Information below. 

16. Data Retention Periods

Reconstruct will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

  • for as long as necessary to comply with any legal requirement; 
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
  • for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

17. Changes to Our Privacy Notice

We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account or through a notice on one of the Websites’ home page. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Notice to check for any changes.

18. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below. 

To Contact Reconstruct (Controller)

Reconstruct, Inc.

750 Menlo Ave. Ste 250

Menlo Park, CA 94025

United States

1(650)646-6301

Reconstruct Privacy Addendum for California Residents

Effective Date: January 1, 2020

Last Reviewed on: July 18, 2023

This Privacy Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in Reconstruct’s generally applicable Privacy Notice (the “Privacy Notice”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this California Privacy Addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Privacy Addendum. 

Information We Collect or Have Collected

Our Websites collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, Reconstruct’s Websites have collected the following categories of Personal Information from its consumers within the last twelve (12) months:

 

Category

Examples

Collected

A. Identifiers.

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.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older) (indirectly through birthdate), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements. 

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. 

NO

K. Inferences drawn from other Personal Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Please note, however, that the above examples are provided in the CCPA or other applicable statutes and reproduced here for your convenience so you may understand the types of information that are considered within each category. It is not meant to imply that we collect all such information listed in the examples. We only collect the Personal Information described in our Privacy Notice. 

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Reconstruct obtains the categories of Personal Information listed above from the categories of sources described in our Privacy Notice.

 

Use of Personal Information

We may use, sell, or disclose the Personal Information we collect for business or commercial purposes described in our Privacy Notice. Reconstruct 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

Disclosures of Personal Information for a Business or Commercial Purpose

Reconstruct may disclose your Personal Information to a third party for a business or commercial purpose (not including “sales” of your Personal Information as discussed below). When we disclose Personal Information for a business or commercial 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 share your Personal Information with the categories of third parties described in our Privacy Notice. In the preceding twelve (12) months, Reconstruct has disclosed the following categories of Personal Information for a business or commercial purpose: 

Category A: Identifiers.

Category B: California Customer Records Personal Information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclose your Personal Information for a business or commercial purpose to the categories of third parties described in our Privacy Notice. 

 

Sales of Personal Information 

The California State Attorney General may issue guidance on if the use of advertising and analytics cookies on our Websites may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA. Until such guidance has been issued, we continue to consider it a “sale” in order to be as transparent as possible with our members and other users of our Websites and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. In the preceding twelve (12) months, Reconstruct has “sold” the following categories of Personal Information: 

F. Internet or other similar network activity.

We “sell” your Personal Information as defined in the CCPA to the following categories of third parties: 

  • Internet cookie information recipients, such as analytics and behavioral advertising services.

Your Rights and Choices 

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

Access to Specific Information and Data Portability Rights

You have the right to request that Reconstruct 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 (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and 
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained. 

Deletion Request Rights 

You have the right to request that Reconstruct delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

  1. Complete the transaction for which we collected the Personal Information (including with your organization), provide a good or service that you or your organization requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or your organization, or otherwise perform our contract with you or your organization.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  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 the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: 

  • Calling us at (650) 646-6301.
  • Visiting one of our Websites.
  • Logging into your account on the Websites and visiting your “User Account” page and making such a request. 

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 data portability 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 an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information 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. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (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.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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 readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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. 

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). Our Websites are not intended for children under 18 and therefore we do not sell the Personal Information of such consumers or provide a method for such consumers to opt-in to the sale of their Personal Information. Consumers who have previously opted-in to sales of Personal Information (as defined under the CCPA) may opt-out of future sales at any time. 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to info@reconstructinc.com.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. 

If you clear your cookies, you will be automatically opted in. You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request. 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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 CCPA that can result in different prices, rates, or quality levels. Any CCPA-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.

Changes to Our Privacy Notice

Reconstruct reserves the right to amend this California Privacy Addendum as set forth in our Privacy Notice. When we make changes to this California Privacy Addendum, we will inform you of such updates, and such updates will become effective, as described in our Privacy Notice. 

Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which Reconstruct collects and uses your information described in this California Privacy Addendum or in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as described in our Privacy Notice.