Privacy Policy

PRIVACY POLICY

PEAK Environmental Liability Management Services, LLC. doing business as (dba) CALIFORNIA DISCLOSURES ("California Disclosures," "us," or "our") is committed to protecting the privacy of the users of the online services made available through the website located at www.CaliforniaDisclosures.com and other locations where this privacy policy appears (collectively, our "Sites") and any California Disclosures mobile applications (our "Applications" and together with the Sites and services CALIFORNIA DISCLOSURES provide through the Sites and Applications, our "Platform"). This privacy policy (the "Policy") discloses the information privacy practices for the Platform.

INTRODUCTION AND SUMMARY

This policy is intended to inform you and other individuals accessing our Platform (collectively, "Users") of the use and sharing practices for the information CALIFORNIA DISCLOSURES receive, collect and obtain through our Platform. The following provides a summary of some of the important aspects of our privacy practices:

• California Disclosures allows you to "opt out" of certain uses of your information.
• California Disclosures uses your information to provide you with products, services and information.
• California Disclosures may combine the information collected about you with information collected from other sources.
• California Disclosures may share your information with third parties in some situations, such as in processing registration and payment for our Platform, administering our Platform, providing services through our Platform, and for our direct marketing.
• The team at California Disclosures is committed to protecting and securing your personal information and will take reasonable and appropriate measures to secure your information, but CALIFORNIA DISCLOSURES cannot promise that your information will remain secure in all circumstances.

By using the CALIFORNIA DISCLOSURES website, you signify your consent to the data practices described in this Privacy Statement and agree that your visit and any dispute over privacy is subject to the Terms of Use for the applicable CALIFORNIA DISCLOSURES websites, including but not limited to, the terms regarding limitations on California Disclosures’ liabilities and application of the laws of the State of California. Discontinue use of the publicly accessible CALIFORNIA DISCLOSURES website and/or our mobile applications if you do NOT agree with the terms of this Privacy Policy.

California Disclosures encourages you to contact us with any concerns about our collection, use or sharing of your information through our Platform. If you have questions or concerns regarding this Privacy Policy or our Platform, you should contact us through the Platform, by e-mail at legal@CaliforniaDisclosures.com or by writing us at CALIFORNIA DISCLOSURES, 31877 Del Obispo Street, Suite 205, San Juan Capistrano, California 92675; Attention: Legal Department.

If CALIFORNIA DISCLOSURES need, or are required, to contact you concerning any event that involves your information CALIFORNIA DISCLOSURES may do so by email, telephone or mail.

UPDATES TO THIS PRIVACY STATEMENT

CALIFORNIA DISCLOSURES reserves the right to modify this Privacy Statement at any time. Any changes to the Privacy Statement will be posted here. If the changes are significant, CALIFORNIA DISCLOSURES will provide registered users additional, prominent notice as appropriate under the circumstances.

INFORMATION RECEIVED, COLLECTED AND OBTAINED BY CALIFORNIA DISCLOSURES

California Disclosures Users fall into three categories:

  1. Visitors to the CALIFORNIA DISCLOSURES website who browse the information published publicly through the Platform. Visitors are considered Users of the website and consent to the Terms of Use and this Privacy Policy.

  2. Users who register an email address and create a Platform-specific password. These Registered Users may or may not have ordered at least one California Disclosures Report through the Platform.

  3. Registered Professionals (also referred to as Registered Users within the context of this Privacy Policy) who submit individual and company information to be listed on the Platform directory for Professional Services.

Visitors, Users, and Registered Users are notified that the CALIFORNIA DISCLOSURES website and mobile applications may contain web beacons to collect data regarding user traffic patterns. CALIFORNIA DISCLOSURES websites use cookies to collect information about your computer hardware (desktop, laptop, mobile devices etc.) and software, including but not limited to, referring domains, the type of browser used, operating system software, screen resolutions, color capabilities, IP addresses and plug-ins. CALIFORNIA DISCLOSURES may collect, or have a third party collect on our behalf, data on the number of visits, paths taken, time spent on the websites, how visitors use and navigate through the CALIFORNIA DISCLOSURES websites (examples include the number of users who visit various pages within the website, information accessed by such visitors, whether they scroll up or down on particular pages or complete any forms). CALIFORNIA DISCLOSURES may include web beacons in some of our email communications to gauge the effectiveness of our customer communications and marketing campaigns.

Users purchasing California Disclosures Reports will submit and CALIFORNIA DISCLOSURES will collect information regarding:

  1. The target property (i.e. address, city, state, zip code, assessor’s parcel number, and other descriptors)

  2. User information (name, email address, mailing address, and additionally named report users)

  3. Payment information such as PayPal™ account or credit card account information (all handled through PayPal™; the selected online payment gateway for California Disclosures) Users and report purchasers may review the PayPal™ Privacy Policy at https://www.paypal.com/webapps/mpp/ua/privacy-full?country.x=US&locale.x=en_US

Users seeking to have Professional Services listed on the CALIFORNIA DISCLOSURES website platform and/or mobile applications will submit and CALIFORNIA DISCLOSURES will collect some or all of the following information:

  • individual’s name,

  • company name,

  • email address,

  • website address,

  • mailing address,

  • phone number,

  • electronic graphics or logo images, and/or

  • A descriptive summary of the business.

Other personal information collected by CALIFORNIA DISCLOSURES through the CALIFORNIA DISCLOSURES website Platform may include:

• Internet Protocol (IP) address.
• Browser type.
• Geographic location (including precise location information).
• Statistics regarding when and how you access the Platform, including pages accessed and functionality used.
• Performance related Information CALIFORNIA DISCLOSURES may collect through your use of our Applications and the other features and functionality of the Platform.
• Other Personal Information you may volunteer on the Platform.

YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO CALIFORNIA DISCLOSURES UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS POLICY.

COLLECTION OF INFORMATION BY THIRD PARTIES

The CALIFORNIA DISCLOSURES website(s) and services of third parties may be accessible through our Platform. You may be asked to provide Personal Information through these other sites or services. These third parties maintain their own information privacy policies and practices. This Policy covers only Information received, collected and obtained by California Disclosures and does not extend to any third parties. CALIFORNIA DISCLOSURES IS NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF ANY THIRD PARTIES. YOU SHOULD REVIEW THE APPLICABLE PRIVACY POLICIES OF THIRD PARTIES BEFORE PROVIDING THEM WITH ANY INFORMATION.

USE AND SHARING OF PERSONAL INFORMATION BY CALIFORNIA DISCLOSURES

The Personal Information that California Disclosures receives, collects, and obtains may be used for a variety of purposes, including by way of example:
• Providing the Users with access to the Applications and other features and functionality of the Platform.
• Customizing and improving the Platform.
• Providing advertising for goods and services CALIFORNIA DISCLOSURES feel may be of interest to users.
• Providing maintenance, support and customer service for the Platform.
• Providing notices regarding the Platform.
• Processing payments for goods and services.
• Developing additional products and services.
• Contacting Users for direct marketing purposes.
• Contacting Users for information verification purposes.

In addition to the other uses of Personal Information described in this Policy, CALIFORNIA DISCLOSURES may share the Personal Information CALIFORNIA DISCLOSURES collect and obtain in the following ways:

Service Providers: CALIFORNIA DISCLOSURES may share Personal Information with third parties that help us provide various services relating to the Platform rather than performing the services ourselves. For example, CALIFORNIA DISCLOSURES may contract with a third party to: (a) maintain and manage our database of Information; (b) host our Sites; (c) assist us with Information collection; (d) provide analysis of our Information; (e) enhance or overlay our Information with other Information obtained from third parties; (f) deliver, and provide Information regarding the delivery of, electronic messages; (g) process payments for goods and services; or (e) provide other services to assist us in our business. CALIFORNIA DISCLOSURES require that these third parties agree to use the Information CALIFORNIA DISCLOSURES share with them only to perform their obligations to us and to treat all Information they receive from us in compliance with this Policy.

Other Companies: CALIFORNIA DISCLOSURES may share your name, address, company, job title and phone number with selected third party companies so that they may develop and offer products and services to you that CALIFORNIA DISCLOSURES believe will be of interest.

For instructions on how to "opt-out" of disclosure of your Personal Information to these third parties, including how to opt-out of the disclosure of your Personal Information for direct marketing purposes, please see the "Choice and Opt-out" section below.

COLLECTION, USE, AND SHARING OF NON-PERSONALLY IDENTIFIABLE INFORMATION BY CALIFORNIA DISCLOSURES

Our Platform may also automatically collect certain Non-Personal Information when you use or interact with the Platform. CALIFORNIA DISCLOSURES also receives and obtains Non-Personal Information from third parties. This Non-Personal Information will include, by way of example, performance information and other metrics regarding your use of and access to the Platform or demographic information from the geographic region associated with your IP address.

CALIFORNIA DISCLOSURES may also generate Non-Personal Information from the Personal Information CALIFORNIA DISCLOSURES receive, collect and obtain under this Policy. When CALIFORNIA DISCLOSURES do so, CALIFORNIA DISCLOSURES will take reasonable measures to ensure that the Non-Personal Information is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you. Once CALIFORNIA DISCLOSURES generate any Non-Personal Information from any Personal Information, CALIFORNIA DISCLOSURES will not later attempt to again make that information personally identifiable. However, CALIFORNIA DISCLOSURES may combine and enhance that Non-Personal Information with other Non-Personal Information received or obtained from third parties.

Provided that this Information remains in non-personally identifiable form and may not be reasonably associated with or linked to you or used to identify you, CALIFORNIA DISCLOSURES may use or share any Non-Personal Information CALIFORNIA DISCLOSURES receive, collect, obtain or generate for any lawful purpose without a further duty or obligation to you. This will include, by way of example, generating product and service offerings based on the Non-Personal Information and providing those offerings to third parties.

PROTECTION OF THE INFORMATION

CALIFORNIA DISCLOSURES maintains administrative, technical and physical safeguards against unauthorized access to the information collected. For example, when you complete the California Disclosures Report order form, all information you enter is encrypted via a secure sockets layer (SSL) before it is sent over the Internet to our secure servers and/or credit card processor, as applicable. CALIFORNIA DISCLOSURES does not retain the full payment card account number submitted in the process of purchasing a California Disclosures Report in our systems, but CALIFORNIA DISCLOSURES may store partial payment card numbers for our reference. To protect against unauthorized access to your account, CALIFORNIA DISCLOSURES recommend that you protect your password, log out of your account and close your browser after each use.

SENSITIVE INFORMATION

You are not required to provide California Disclosures with any Information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive Information in order to use our Platform.

CHILDREN

Our Platform is intended for a general audience and is not directed to children less than 18 years of age. California Disclosures does not knowingly receive, collect or obtain Personal Information from children under 18 years of age.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

California Disclosures does not sell, trade, rent, or otherwise transfer personally identifiable information to others, except: (i) as provided in this Privacy Statement, (ii) to defend against legal claims or otherwise protect our rights, (ii) as required by law, judicial proceeding, court order, or legal process served on California Disclosures, (iv) for purposes of law enforcement investigations, and/or (v) with your consent. If you submit a request for information through the CALIFORNIA DISCLOSURES websites, you agree that California Disclosures may share the information you submit with third parties, as necessary to respond to your request. Such third parties' use or disclosure of the information you submit is subject to their privacy policies and practices and California Disclosures has no control over the subsequent use or disclosure of any information you provide. If California Disclosures offers functionality to share information via email or social media on any website page and you choose to use such functionality, the information you provide may be shared with recipients.

CALIFORNIA DISCLOSURES may share non-personal, anonymous, statistical or demographic information in aggregate form with our advertisers, service providers or other third parties. CALIFORNIA DISCLOSURES may also disclose information collected through cookies and web beacons to our affiliates or to third parties, who may aggregate such online activity information across multiple websites and may use such information for predictive advertising, measuring the effectiveness of advertising or for other purposes. To learn more or to make choices about their use of your information, please click here: http://www.aboutads.info/.

Though CALIFORNIA DISCLOSURES make reasonable and appropriate efforts to preserve User privacy as stated in this Policy, CALIFORNIA DISCLOSURES may need to disclose Personal Information of certain Users when CALIFORNIA DISCLOSURES have a reasonable and good-faith belief that the disclosure is necessary to enforce the terms of use for a Site or Application, to comply with a judicial proceeding, court order or other legal process, to avoid injury to a third party, or to otherwise enforce or protect our rights under applicable law, including, without limitation, our intellectual property rights. In these situations, CALIFORNIA DISCLOSURES will use reasonable efforts to provide notice of our disclosure to all affected Users, to the extent reasonably possible under the circumstances.

CALIFORNIA PRIVACY RIGHTS

California law provides that California residents have a right to request that businesses tell them how their Personal Information has been shared with third parties for use in direct marketing purposes. However, there is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person's Personal Information to third parties for use in direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their Personal Information to third parties for such purposes.

CALIFORNIA DISCLOSURES has adopted a policy of allowing you to opt-out of the disclosure of your Personal Information to third parties for their direct marketing purposes and thus fall within this exception. Instructions for opting out can be found in the section below entitled "Choice and Opt-Out."

CHOICE AND OPT-OUT

CALIFORNIA DISCLOSURES provides registered users with a choice whether to receive certain emails, surveys or other messages through the Platform and the opportunity to 'opt-out' of having your Personal Information shared with third parties for certain purposes. If you no longer wish to receive messages from California Disclosures through the Platform, or to have your Personal Information shared with third parties as permitted by this Policy, you may opt-out of receiving those messages from us or having your Personal Information shared with third parties.

In many cases, opting out of receiving messages or having your Personal Information shared with a third party will not affect your ability to use or access the Platform. However, some messages (e.g., account notifications, service announcements, and billing information) are considered necessary to our operation of the Platform. Likewise, some of the third parties with which CALIFORNIA DISCLOSURES shares your Personal Information are used by us to provide necessary functionality for the Platform. If you wish to opt-out of receiving these messages or of sharing your Personal Information with those third parties, CALIFORNIA DISCLOSURES may be required to limit or cancel your access to and use of some or all of our Platform. Note also that while you may opt-out of receiving messages from California Disclosures, you may be required to contact other third parties directly to also opt-out of receiving emails or other messages from those third parties.

All opt-out requests can be made through the Platform or by contacting us as described above. Note that it may take up to 10 days to remove your contact information from our lists, so you may receive messages from us for a time after your request.

AUTOMATED TRACKING (COOKIES)

CALIFORNIA DISCLOSURES and our third party service providers use "cookies" and other automated tracking technology to monitor and collect Information regarding your interaction with the Platform. "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual's computer or mobile device to allow us to recognize your computer or mobile device.

CALIFORNIA DISCLOSURES may use Cookies and other tracking technology that expire once you close your web browser or that persist and stay on your computer until you delete them. Most browsers will allow you to erase cookies from your computer or mobile device, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser or email software instructions or help screen to learn more about these functions. Our third party service providers may also use cookies or other tracking technologies on sites linked to through the Platform or emails sent on our behalf. CALIFORNIA DISCLOSURES does not have access to information that would confirm the use of cookies or other tracking technology by our third party service providers.

SOCIAL MEDIA AND THIRD PARTY LINKS

California Disclosures websites and emails may include links to third party websites and/or the opportunity to share on social media (such as, but not limited to, the "Share" or "Like" features on Facebook). Your access to such third party websites or use of social media features is subject to the privacy policies and practices of those third party websites and/or social media providers. California Disclosures does not control the collection, use or disclosure of any information on such third party links. You may access California Disclosures websites through links on third party websites. By entering California Disclosures websites through a third party website you may be allowing such third party's website to view any information you provide to California Disclosures. If you are concerned about entering through a third party website, you can access California Disclosures websites directly at http://www.CaliforniaDisclosures.com/. California Disclosures is not responsible for the privacy practices or the content of any third party websites. We encourage you to review the privacy policies of any websites through which you access California Disclosures websites or which you access through California Disclosures websites or emails to better understand such third party websites' data collection and use practices.

ACCESS, REVIEW AND UPDATE OF INFORMATION

While California Disclosures takes reasonable steps to ensure that the Personal Information collected is reliable for its intended use, accurate, complete and current, we rely on you to update and correct your Personal Information. You may use the Platform or contact us as described above to review, delete, update or change contact, financial and account information received, collected or obtained by California Disclosures.

NOTIFICATION OF CHANGES

CALIFORNIA DISCLOSURES will notify Registered Users of any changes to this Policy. Notification will be made by way of an email to Users or by posting of the changes on the Sites or through the Applications. Changes to this Policy will be effective 30 days following notice to any existing Users and immediately for any new Users. Your continued use of the Platform after any change has become effective will constitute your acceptance of that change.

Unless CALIFORNIA DISCLOSURES seeks and receives consent from a User, we will use the Personal Information collected from each User in accordance with the version of this Policy effective when the Information was last collected. Users may contact us as described above regarding any change to this Policy and/or to prevent their Personal Information from being used pursuant to any change to this Policy.

SECURITY

California Disclosures is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100 percent effective and CALIFORNIA DISCLOSURES cannot guarantee that your Information will be secure in all situations. CALIFORNIA DISCLOSURES will nonetheless take all reasonable and appropriate steps to ensure the safety and security of your Personal Information. This includes using at least industry standard security measures to protect the loss, misuse and unintended alteration of the Personal Information under our control. For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that CALIFORNIA DISCLOSURES store personally identifiable information on are kept in a secure environment.

TRANSFER OF INFORMATION

If California Disclosures elects, in its reasonable discretion, to transfer ownership or control of a Site or Application to a third party, whether or not in the context of an acquisition, merger or reorganization, you consent to the transfer of your Information (both Personal and Non-Personal) by California Disclosures to that third party, provided that all use and sharing of your Information by that third party remains subject to the terms of this Policy and any applicable changes.