Constant Counsel ® Privacy Policy
Last updated: November 12, 2024
At Epigram Growth Services, LLC dba Constant Counsel (“Constant Counsel”), we respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and share information through our website, www.constantcounsel.com (the “Site”).
- Information We Collect
We collect personal information from visitors to our Site in the following ways:
- Email Address Collection: When you provide your email address to receive a PDF document, we collect and store that email address solely for the purpose of sending you the requested document.
- Survey Responses: If you choose to participate in EduComply (a proprietary compliance survey tool created by Constant Counsel for edtech companies) which is accessed through a link on our site that goes to a custom JotForm survey URL, your responses will be collected and used in accordance with this Privacy Policy and JotForm’s privacy practices. Survey responses through JotForm are protected through Jotform’s transmission encryption over a 256-bit SSL connection, and are stored on secure servers. You can review the JotForm Privacy Policy to understand how they handle your data at https://www.jotform.com/privacy/.
- Tracking Technologies and Cookies: If you choose to participate in EduComply, which is accessed through a link on our Site that goes to a custom JotForm survey URL, JotForm uses cookies and similar tracking technology to track activity and store certain information regarding usage. Additional details regarding the tracking technologies and cookies used by JotForm can be found in its Privacy Policy located at https://www.jotform.com/privacy/ and via JotForm’s Cookie Policy located at https://www.jotform.com/cookie-policy/.
- How We Use Your Information
We use the information collected for the following purposes:
- To send you requested PDF document via email.
- To analyze survey responses for internal purposes, including follow-up consultations with potential and current clients.
- To send marketing emails about our services, updates, and other relevant information. You can unsubscribe from marketing emails at any time by following the instructions in the email.
- Sharing Your Information
We do not sell, trade, or otherwise transfer your personal information to outside parties, except to trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. Under certain circumstances, we may be required to disclose your information if required to do so by law or in response to valid requests by public authorities (e.g. a court or government agency).
- Data Security
We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
- Third-Party Services
Our Site may contain links to third-party services, such as JotForm. These third-party services have their own privacy policies. We encourage you to read the privacy policies of any third-party service you interact with.
- Your Consent
By using our Site, you consent to our Privacy Policy.
- Changes to Our Privacy Policy
We reserve the right to update this Privacy Policy at any time. If we make material changes, we will notify you via the email address provided or by posting a notice on our Site.
- Contact Us
If you have any questions or concerns about this Privacy Policy, please contact us at igram@constantcounsel.com.
CCPA Privacy Policy Supplement
This privacy notice section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
We 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. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Collected: Yes.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: 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.
Collected: No.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), 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).
Collected: No.
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Collected: No.
Category E: Biometric information.
Examples: 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.
Collected: No.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
Category G: Geolocation data.
Examples: Approximate physical location.
Collected: No.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Collected: No.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Collected: No.
Category 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)).
Examples: 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.
Collected: No.
Category K: Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, 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) 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
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You. For example, from the forms you complete or information you provide on our Site.
- Automatically from You. For example, through cookies on our third-party vendor sites.
- From Service Providers. For example, third-party vendors through which you provide survey data.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
- To operate our service and Site and provide you with our service and site.
- To provide you with support, information and to respond to your inquiries.
- To fulfill or meet the reason you provided the information.
- 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.
Please note that the examples provided above are illustrative and not intended to be exhaustive. If we decide to collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes we will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
- Category A: Identifiers
- Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When we disclose personal information for a business purpose or a 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.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that we may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit. We will not and have not sold in the last twelve (12) months any categories of personal information.
Share of Personal Information
We may share your personal information identified in the above categories with the following categories of third parties:
- Service Providers
- Third party vendors to whom you authorize us to disclose your personal information in connection with services we provide to you
Sale of Personal Information of Minors Under 16 Years of Age
We do not knowingly collect personal information from minors under the age of 16 through our Site, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.
We do not sell the personal information of consumers including anyone we actually know is less than 16 years of age.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If you are a resident of California, you have the following rights:
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request. Under CCPA, You have the right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm your request, 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
- If we sold your personal information or disclosed your personal information for a business purpose, we will disclose to you:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct us to not sell Your personal information. To submit an opt-out request please contact us.
- The right to delete Personal Data. You have the right to request the deletion of your Personal Data, subject to certain exceptions. Once we receive and confirm your request, 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 Providers to:
- Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights, including by:
- Denying services to you
- Charging different prices or rates for services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of services to you
- Suggesting that you will receive a different price or rate for services or a different level or quality of services
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact us by sending us an email: igram@constantcounsel.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. Your request to us 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 the required information if we cannot:
- Verify your identity or authority to make the request
- And confirm that the personal information relates to you
- We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.