California Privacy Policy

Privacy Policy for California Residents

Effective Date: 4/17/2023

Last Updated on: 4/17/2023

This Privacy Policy for California Residents supplements the information contained in the standard privacy policy of Posen Center LLC (“Posen”) at posenlibrary.org/privacypolicy and applies solely to all visitors, users, and others who reside in the State of California. This policy has been adopted to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, collectively, “CCPA”) and any terms defined in the CCPA and our standard privacy policy have the same meaning when used in this policy.

This policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

Wherever noted in this policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication from some of its requirements.

Information We Collect

The Website collects 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, household, or device.  Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, such as:
  • 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), clinical trial data, or other qualifying research data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, our Website has collected the following categories of personal information from consumers within the last twelve (12) months:  

The Website obtains the categories of personal information listed above from the following categories of sources:

• Directly from you.  For example, from forms you complete.
• Indirectly from you.  For example, from observing your actions on the Website.
• Items you post, comment on, or annotate on the Website.

Use of Personal Information

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

• To fulfill or meet the reason you provided the information. 
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of the Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• 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 CCPA.
• 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 about Website users is among the assets transferred.

We will disclose the sale of personal information as and when so required by California law or regulation.  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 share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age eighteen. In the preceding twelve (12) months, Posen has not sold the following categories of personal information to the categories of third parties indicated in the chart below.  For more on your personal information sale rights, see below.

Reselling Personal Information

The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales.

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.

Right to Know and Data Portability

You have the right to request (by what is called your right to know) that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months.  Once we receive your request and confirm your identity, 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.
• 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. 
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete (called the “right to delete”) any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to: 

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
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.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

Exercising Your Rights to Know, Delete, and Correct

To exercise your rights to know or delete described above, please submit a request by either: 

• Emailing us at privacy@posenlibrary.com
• Emailing us at info@posenlibrary.com

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.  To designate an authorized agent, write to privacy@posenlibrary.com or info@posenlibrary.com.

You may only submit a request to know twice within a twelve (12)-month period.  Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
• A clear copy of a valid, state issued ID or passport.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

This information will be used only for processing the request.

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. 

You do not need to create an account with us to submit a request to know or delete.  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 the request to verify the requestor's identity or authority to make it. 

As and when so required by California law or regulation, you will be permitted to exercise your right to correct using these same methods.

For instructions on exercising your sale opt-out or opt-in rights, see below.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days.  If you do not receive confirmation within the ten (10)-day timeframe, please contact privacy@posenlibrary.com or info@posenlibrary.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to another forty-five (45) 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 cover only the twelve (12)-month period preceding our receipt of your 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 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

Posen neither shares your personal information nor uses or discloses your sensitive personal information for any purpose. Therefore, the opt-out and opt-in requirements of Civil Code § 1798.135 et seq. do not apply to Posen’s business practices.

Right to Limit

Posen does not ask for and will not collect your sensitive personal information. Therefore, the requirements imposed by Civil Code § 1798.121 et seq. to limit use and disclosure of sensitive personal do not apply to Posen’s business practices.

Non-Discrimination

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. 

CCPA Rights Request Metrics

Metrics regarding the consumer rights requests we received from all individuals from January 1, 2022 to December 31, 2023 appear in the following chart:

Other California Privacy Rights

California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to privacy@posenlibrary.com or info@posenlibrary.com.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date.  Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which POSEN CENTER, LLC’s collects and uses your information described here and in the our standard privacy policy, choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: www.posenlibrary.com

Email: privacy@posenlibrary.com; info@posenlibrary.com

Postal Address: 

Posen Center, LLC 
257 5th Ave., Ste. 107 
New York, New York 10016

If you need to access this Policy in an alternative format due to having a disability, please contact privacy@posenlibrary.com or info@posenlibrary.com.