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California Privacy Rights Statement

This California Privacy Rights Statement (this “Statement”) explains how Desmos Studio PBC (“Desmos”, “we”, “us”, and “our”) collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act of 2018 (CCPA). This Statement also explains California residents’ rights under the CCPA, CPRA and California Civil Code section 1798.83 (the “Shine the Light law”).

Scope

For purposes of this Statement, unless a different definition is noted, “Personal Information” has the definition given in the CCPA. However, this Statement does not apply to:

  • Information exempted from the scope of the CCPA and CPRA; or
  • Personal Information we collect, use, and share on behalf of our customers (including Schools) as a “service provider” under the CCPA for purposes of providing our services to them.

Your California Privacy Rights under the CCPA

You can request the following information about how we have collected and used your Personal Information during the past 12 months:

  • The categories of Personal Information we have collected.
  • The categories of sources from which we collected the Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information.
  • The categories of third parties with whom we share the Personal Information.
  • The categories of Personal Information that we sold or disclosed for a business purpose.
  • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • You can ask us to delete the Personal Information that we have collected from you.
  • You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

How to Exercise Your Rights

You may submit requests to exercise your California privacy rights described above as follows:

  • Right to information, access, and deletion. If you are a California resident, you may submit a request to exercise your information, access, and deletion rights by emailing privacy@desmos.com.
  • Right to opt-out of the “sale” of your Personal Information. We do not sell your personal information.

These rights are not absolute, and in some instances, we may decline your request as permitted by law. We will need to verify your identity to process your information, access, and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require you to log into your Desmos account (if applicable), provide government identification, give a declaration as to your identity under penalty of perjury, and/or provide additional information.

Your authorized agent may make a request on your behalf upon our verification of the agent's identity and our receipt of a copy of the valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity and provide us with written confirmation that you have given the authorized agent permission to submit the request.

Our Personal Information Collection and Use Practices

The categories of Personal Information we collect are described below by reference to the statutory categories of Personal Information specified in the CCPA (California Civil Code section 1798.140):

  • Identifiers, such as name, email address, username, password, IP address, and other online identifiers.
  • Sensory information, such as call and video recordings and profile photos.
  • California customer records (as defined in California Civil Code § 1798.80), such as contact details and communications we collect through our support channels, marketing webpages, social media, at our events, and connected with our other marketing activities.
  • Commercial information, such as billing and transaction information and purchase history.
  • Internet or network activity information, such as information generated from interactions with our online services, such as data collected through server logs and cookies and similar technologies.
  • Education information, such as student records and directory information.
  • Inferences that we derive from the preceding or other information we collect.
  • Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described above.

Sources. Internet/network activity information, IP address, and other online identifiers are collected automatically through your use of our online services. We collect education information from schools that use our services. Otherwise, we collect the information above from you.

Disclosures to third parties for business purposes. We describe the categories of third parties to whom we disclose Personal Information described above for business purposes in the section of our Privacy Policy entitled Disclosure of Your Information.

Business/commercial purposes for use. We describe the business and commercial purposes for which we use the Personal Information described above in the section of our Privacy Policy entitled Use of Your Information.

California Shine the Light Law

Under California’s Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. We do not disclose personal information for direct marketing purposes.

CalOPPA and “Do Not Track”

In addition, although we do our best to honor the privacy preferences of our visitors, our Services do not respond to Do Not Track signals which can be sent from certain browsers at this time.

This document was last modified on August 22, 2023.