Privacy Notice

Last Updated March 1, 2020

RUBY RECEPTIONISTS, INC. 

This privacy notice (“Privacy Notice”) constitutes an agreement between you and Ruby Receptionists, Inc. (“Ruby”) and is part of the Ruby Terms of Use. This Privacy Notice explains the categories of information that we collect and how we use that information, and applies when you communicate with us by phone or chat or access or use www.ruby.com, www.callruby.com, pearl.ruby.com, my.callruby.com, or signup.ruby.com, our customer portal or dashboard (the “Portal”), and other websites we own or operate (collectively, the “Site”), our mobile application (the “App”), or use the services available through the Site, the App, or by phone or online chat (collectively, with the Site, the App and the Portal, the “Services”). Any terms defined in the Terms of Use have the same meaning when used in this Privacy Notice. We encourage you to read this Privacy Notice carefully to understand how we collect and use your information.

Consent. By visiting the Site, using or downloading the App, or using any of our Services, you consent to this Privacy Notice and the collection and use of information as described herein. We will take steps to notify you and confirm that you agree at different stages of collecting your information. Your use of our Services is subject to this Privacy Notice and our Terms of Use, including its applicable limitations on damages and the provisions regarding resolution of disputes.

Scope. This Privacy Notice applies to information we collect when you visit the Site, communicate with us by phone, online chat, email or other communications, submit information to us, sign up with Ruby as a customer (a “Ruby Customer”), use the App or our Portal, interact with us by telephone or online chat to us directly or to a Ruby Customer (a “Caller”), through third parties, and by other means over the course of your use of our Services.

What Is Personal Information?

As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device, such as:

  • Identifiers (e.g., name, address, telephone number, email address, username);
  • Sensitive Personal Information (e.g. state identification number, financial information);
  • Protected classification information (e.g. race, citizenship, marital status, medical condition, sex, sexual orientation, veteran or military status);
  • Biometric information (e.g. keystrokes, behavioral or biological characteristics);
  • Internet or other similar activity (e.g. browsing history);
  • Employment-related information (e.g. current or past employment); and
  • Non-public educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99).
  • Commercial information (e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).

Personal Information does not include (a) publicly available information (b) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (c) deidentified information that cannot be easily linked back to the individual.  

What Information Does Ruby Collect About Me?

We collect Personal Information directly from you, from third parties and in our role as a service provider, and automatically from your use of the Site, App, or Services. We will only collect your Personal Information (a) when applicable, with your consent, (b) if we have a legitimate interest in doing so, or (c) as authorized or required by law. We will limit the collection of Personal Information to that which is reasonable and necessary.

The types of Personal Information we collect about you and the manner of collection depends on how you interact with Ruby, including the portions of our Site, the App, and which of our Services you use.

Information You Provide Directly To Us. We collect Personal Information directly from you with your consent when you contact Ruby online or via telephone or online chat. More specifically, we collect:

  • Contact information when you request an eBook or other resources from Ruby or request information about our Services through email, our chat feature on the Site, an online form, or by phone. This includes identifiers like your name, email address, telephone number, as well as your company name and any other information that you choose to provide to us.
  • Information you provide when you create an account to sign up for our Services, including your name, email address, company name, in some cases, a password, and payment information, such as your debit/credit card number and billing address.
  • Information you submit to us as a Ruby Customer through our App or Portal, including information related to your account and communications you submit related to your subscription or our Services. 
  • Your contact lists and calendars, if you choose to sync this information with the App. We use this information to provide our Services to you and to improve the quality of those Services. For example, if caller ID indicates to one of our receptionists that you know the caller, we may answer in a more familiar tone or change the questions that we ask before transferring the incoming call to you. We may also request various permissions from your device to access your microphone, phone, and storage when you use the App.
  • Job applicant information if you choose to apply for a position through the careers section of our Site, such as your name, contact information, education and professional history. We also request information such as demographic information, which you are not required to provide.

Text Messages: By providing us with your wireless phone number, you consent to Ruby sending you informational text messages related to our Services. You can unsubscribe from Ruby’s text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

Information We Collect From Other Persons. We may collect Personal Information about you from other persons in order to provide, offer, or advertise our Services, including:

  • Employment-related information, such as your name, title, phone number and email address, if your employer is a Ruby Customer and chooses to include you in its list of potential call recipients or gives you access to our Services via the App or the Portal.
  • Contact information about prospective customers that we obtain from professional associations, market research, and marketing companies. We may combine this information with Personal Information we previously collected about you. We collect and use this information for our own marketing purposes and in accordance with applicable law. You have the right to opt out of these communications at any time.
  • Online identifiers and other User Generated Material you post publicly to unaffiliated websites, including your username, reviews and other information you post online, that we receive via our relationships with third parties to share such content on our Site.

Information We Collect from Callers as a service provider. When we act in our capacity as a service provider to Ruby Customers, whether through the provision of chat, receptionist, or any other requested Services, our receptionists may collect Personal Information on behalf of Ruby Customers from Callers, including:

  • Contact information, including name, phone number, and email address.
  • Other Personal Information the Caller might choose to provide to us.

Depending on the context of the call or chat, we may share the Caller’s Personal Information with the Ruby Customer for which the Caller called. We will only use the information that we collect from Callers in our capacity as a service provider as permitted by our agreements with Ruby Customers or for other purposes as permitted by law. When we process a Caller’s Personal Information at the direction of a Ruby Customer, the Ruby Customer’s privacy notice will apply.

Information We Collect Automatically. We use website analytics and other technologies to collect internet and other similar network activity, including Personal Information and anonymous data, from your use of our Services via the Site, App, and the Portal, in the following ways:

  • When you visit our Site, we may collect your domain name, device ID, MAC address, IP address, browser type and operating system, browsing activity, text box entries, hashed identifiers derived from email addresses, and the referring URL, advertisement, or webpage that led you to our Site.
  • When you use the App, we may collect your device name and model, operating system type, name, and version, your activities within the App and the length of time you are logged into the App.
  • Like most commercial websites, we use cookies and other technologies to track use of our Site. Please read our Cookie Notice for more information about how we use cookies.

We combine the information that we collect automatically with other information we collect about you, including your Personal Information. In some cases, we maintain this information in an aggregated format. We collect this information to achieve our legitimate interest of maintaining and improving the Site and our services.

How Does Ruby Use My Information?

We use your Personal Information for the purposes described at the time of collection and for other purposes with your consent and as permitted by law. Depending on your interactions with Ruby, we may use your Personal Information for the following purposes.

To provide you with our Services. We use the Personal Information we collect to provide Ruby Customers with the Services they have requested. As part of providing such Services, we may use this Personal Information to:

  • Respond to your inquiries about our Services, communicate with you as a Ruby Customer about your use of our Services, and for other customer service purposes.
  • Maintain accurate records.
  • Tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
  • Monitor your compliance with any of your agreements with us.

To improve our Services. Ruby is constantly working to improve our Services, including the Site, the App, the Portal, and how we interact with Ruby Customers and Callers. Toward that legitimate interest, we may use the Personal Information we collect about Site visitors, Ruby Customers, or Callers to:

  • Analyze how Site visitors and Ruby Customers access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and App are most (or least) used.
  • Evaluate usage of our Site and the App using automated devices and applications, such as Google Analytics, to help us improve performance and user experiences.
  • Analyze information we collect about Callers relating to various aspects of our Services and related systems and technologies to improve and enhance our Services and our direct marketing efforts.
  • Support our internal development, diagnostics, and corrective efforts.

For our direct marketing efforts. We may also use your Personal Information to communicate with you about our services that may be of interest to you in order to achieve our legitimate interest of direct marketing. As part of our direct marketing efforts, we may:

  • Send you email you news, newsletters, and email marketing materials.
  • Administer surveys and questionnaires.
  • Allow you to participate in our contests, and to administer those contests.
  • Determine relevant advertising, including advertising on third party websites, mobile apps, and other online services, and evaluate the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
  • Identify your use of the Services across multiple devices in order to serve targeted advertising, track leads generated, and send you emails.

For other purposes as permitted by law. In addition to the specific uses and purposes described above, we might use information that we collect about you, including Personal Information, to:

  • Comply with law, regulation, legal process or court order.
  • Support our general business operations, as permitted by law.
  • Investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Notice.
  • Protect our rights and property, and the users of our Site, App, or Services.
  • For other purposes with your consent.

How Does Ruby Share My Information?

As permitted by applicable law, we may share your Personal Information as follows:

Service Providers. Vendors that provide us with various services (collectively, “Service Providers”) may have access to your Personal Information while they are performing their contractual obligations. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. These Service Providers include but are not limited to marketing companies, companies that host our Site or App, or provide IT services to support either, platforms we use to help us manage our data and companies that assist us in processing job applications that you submit through our Site. The type of information that we provide to a Service Provider will depend on the purpose of the service that they provide to us.

Advertisers. We disclose information to Service Providers that are network advertisers, sponsors, and/or traffic measurement services (collectively, “Advertisers”) to enable those Advertisers to serve targeted advertisements to you on other websites or other media (e.g., social networking platforms). We allow some Advertisers to assist us with behavioral advertising by collecting and analyzing certain information when you visit our Site (e.g., click stream information, browser type, time and date, subject clicked or scrolled over). These Advertisers typically use a cookie or other technologies to personalize advertising content and measure the effectiveness of their ads. Please read our Cookie Notice to learn more about your privacy and our Advertisers’ use of cookies on the Site.

Professional Associations. If you are a member of a professional association with which we have a referral or affinity agreement and you sign up to be a Ruby Customer, we may pay a referral fee to your professional association and, if requested by the association, provide the names and contact information of the association’s members that signed up for our Services, and the type or amount of Services used by a given association member. We will not share additional Personal Information about your use of the Services with your professional association.

Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries. If we do disclose your Personal Information to our affiliates or subsidiaries, their use and disclosure of your Personal Information will be subject to this Privacy Notice.

Other Third Parties. As permitted by applicable law, we may disclose information to third parties in the following circumstances:

  • In the event that we go through a business transition, such as a merger, acquisition by another company, or sale of a portion of our assets—any Personal Information you provide us may be a part of the assets transferred. We may also share certain of your Personal Information with lenders, auditors, and third party advisors, including attorneys and consultants.
  • To comply with federal, state, or local law, a judicial proceeding, court order, or other legal process, or if we have a good faith belief that disclosure is necessary to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
  • When we believe it is appropriate in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Notice, or to exercise or defend our legal claims.
  • In any case where we have obtained your prior consent.

Aggregated and De-Identified Information. We reserve the right to share aggregate, anonymized, or de-identified information about any individuals with non-affiliated entities for marketing, advertising, research or other purposes, without restriction.

What Choices Do I Have Regarding Use of My Personal Information?

Ruby provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Depending on where you reside, your options to control your Personal Information may include some or all of the following:

  • Changing the Services for which you are signed up.
  • Changing your preferences for how and about what we communicate with you.
  • Correcting, updating, and deleting the Personal Information in your account. Please note that certain legal obligations may limit or prevent our ability to fulfill these requests, and that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site, Portal, or App for a period of time.
  • Requesting access to the Personal Information we hold about you and that we amend or delete it.
  • Choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you.
  • Control how the cookies we use interact with your browser.

At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting us at privacy@ruby.com or 866-611-7829.

Read more about privacy rights available to California residents.

If you live in Canada, please review Special Considerations for Canadian Individuals.

Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed below.

Marketing E-Mails. You can opt-out of marketing emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Advertisers. To opt-out of third-party ad networks, go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page or the Digital Advertising Alliance of Canada (“DAAC”) website for information about opting out of interest-based advertising and choices regarding having information used by DAA companies and DAAC companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and choices regarding having information used by NAI members. Note that you may continue to receive advertising through the Site, Services, or on other websites.

How Does Ruby Keep My Personal Information Secure?

Data Security. We have implemented precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee absolute security. Ruby maintains internal policies to govern the collection, processing and handling of data, and restricts access to data to those employees who require such access to perform their job functions. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures.

We use encryption and firewalls to protect information online, and we use antivirus and antispyware software, to protect information stored on our systems. We update and test our technology to improve the protection of Personal Information and to assure the integrity of that information. Please note, however, that no transmission of data over the Internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.

Your Account. When you sign up with us, you will have a login and password, and we will issue a call forwarding number to you if you sign up for receptionist services. It is your choice as a Ruby Customer whether to share your call forwarding number with others. Ruby encourages you to take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or call forwarding numbers, or for any activity on your account via unauthorized activity.

Social Networking. If you access our Site from a social networking websites (e.g., Facebook or Twitter), we may also receive Personal Information about you from such social networking website.  Our receipt of your Personal Information via a social networking website is governed by the terms of use and privacy policy of that website. We may retain this information with the information we collect from you directly. Our Site may include buttons that link to social network websites. Your use of these social networks is entirely optional and subject to the privacy policy and terms of use of the social networking website you choose to use.

User Generated Material.

User Generated Material. The Site may offer certain features that allow users to publicly post reviews, comments and other content. Please note that any information that you post to our Site, including, without limitation, your username or another name you choose, your reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.

Ruby has contractual relationships with certain unaffiliated websites, including TrustPilot, that allow us to share on the Site the reviews and other content that you post publicly to those unaffiliated websites. If you post public reviews or comments about Ruby on other websites, we may share your review or comment and username on the Site. Ruby cannot control and will not be held liable for the manner in which other individuals or businesses may use the content you post publicly on any website. Please read our Terms of Use to learn more about User Generated Material on the Site.

Third Party Websites. Our Site and Services may contain links to non-affiliated websites. Note that this Privacy Notice applies only to information collected by Ruby. We may provide links to third-party websites from our Site as a service to our Site visitors, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. Any access to and use of such linked websites is not governed by this Privacy Notice, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites. We encourage you to review and understand the privacy notices of such websites before providing them with any information.

This Site Is Not for Children.

Our Services are not designed for children under 16. Ruby does not knowingly collect Personal Information from children under the age of 16 who may visit our Site, and we do not want to include any Personal Information about children in our databases without first obtaining parental consent. If you are under 16, do not use or provide any information on this Site or on or through any of its features, sign up on the Site, or provide any Personal Information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we discover that a child under 16 has provided us with Personal Information, we will delete such information from our systems. If you believe we might have any information from or about a child under 16, or if you become aware of any unauthorized submission of information to Ruby, including children’s information, please contact us at privacy@ruby.com or 866-611-7829.

Terms Privacy Notice to California Residents

Ruby adopted this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and it applies solely to residents of the State of California (“California Consumers”).

Employee Data Exception. In many cases, the Personal Information Ruby collects about you is in a business-to-business context when you are acting as an employee to a potential Ruby Customer in the context of performing due diligence regarding potential procurement of our Services on behalf of your employer or as an employee to a Ruby customer in the performance of your job duties. Personal Information collected and used in this context is not protected Personal Information under the California Consumer Privacy Act.

Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Exceptions related to employee data, as well as other exceptions and limitations, may apply to a California Consumer’s rights and Ruby’s obligations under the CCPA.

Personal Information Collected. Ruby has collected the following categories of Personal Information from California Consumers within the last twelve (12) months:

  • Identifiers (e.g. real name, alias, postal address, online identifier, IP address, email address, driver’s license number, or other similar identifiers).
  • Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)) (e.g. name, signature, physical characteristics, address, telephone number, driver’s license or state identification card number, education, employment, employment history, financial information, medical information, or health insurance information). Some Personal Information included in this category may overlap with other categories.
  • Protected Classification Characteristics under California or federal law (e.g. age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, genetic information).
  • Commercial Information (e.g. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).
  • Internet or Similar Network Activity (e.g. browsing history, search history, interactions with a website, application, or advertisement).
  • Geolocation Data (e.g. physical location or movements).
  • Professional or Employment-Related Information (e.g. title and work contact information).
  • Sensory Data (e.g. audio information contained in recorded voicemails or similar information).

Note that Ruby has not collected the following categories of Personal Information from California Consumers within the last twelve (12) months:

  • Biometric Information (e.g. genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data).
  • Nonpublic Education Information per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99).
  • Inferences drawn from other Personal Information (a reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes).

Sources for the Personal Information We Collect. We collect the Personal Information described above from the following sources:

  • directly from you when you communicate with us, fill out a form, or submit an inquiry, sign up to use our Services, interact with us through the App or the Portal, or apply for employment with Ruby.
  • from your employer, if your employer is a Ruby Customer and chooses to include you in its list of potential call recipients or gives you access to our Services via the App or the Portal.
  • from Callers in our capacity as a service provider via our chat, receptionist, or other Services.
  • indirectly from you as information we collect automatically from your use of the Site, the App, or the Services.
  • third parties, as described in more detail below.

Use of Personal Information. Depending on your interactions with Ruby, we may use or disclose the Personal Information we collect about you for one or more of the following business purposes:

  • to provide you with our Services, which includes, but is not limited to, communicating with you, maintaining accurate records, and personalizing your experience with the Services.
  • to improve our Services by analyzing how Site visitors and Ruby Customers access and use our Services, both on an aggregated and individualized basis.
  • for our direct marketing efforts, such as sending you news, newsletters, email marketing material, targeted advertising, and marketing messages by text message if you have provided us with prior express written consent to do so.
  • for other purposes as permitted by law, such as complying with a law, regulation, legal process or court order, or fulfilling any other purpose with your consent.

We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without notifying you.

Disclosing Personal Information. Ruby may disclose Personal Information for a business purpose to the following categories of third parties:

  • professional associations.
  • law enforcement, regulatory and other governmental agencies.
  • business partners.
  • parent entities, affiliates and subsidiaries.
  • cookie information recipients, subject to their respective privacy notices.

In the preceding twelve (12) months, Ruby has disclosed the following categories of Personal Information for a business purpose:

  • identifiers.
  • California Customer Records Personal Information categories.
  • commercial information.
  • internet or other similar network activity.
  • professional or employment related information.

Do Not Sell My Personal Information. Ruby does not share your Personal Information in direct exchange for money, so we don’t sell your Personal Information in the literal sense. Like most companies, we share data with our service providers and other companies in order to help us deliver more meaningful ads to you, and to generally enhance your experience with our Site and Services. The law defines “sell” very broadly and, in some cases, sharing data for these purposes may be viewed as a “sale” under applicable privacy laws.  You can opt out of these “sales” of your Personal Information by following this Do Not Sell My Personal Information link.

Your Rights and Choices. The CCPA provides California Consumers with specific rights regarding their Personal Information. The following paragraphs describe CCPA rights and explain how to exercise those rights. Each of these rights is subject to our receipt of a verifiable consumer request (see Submit a Consumer Privacy Request).

Right to Disclosure. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months, such as:

  • the categories of Personal Information we have collected about you.
  • the categories of sources for the Personal Information we have 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 (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Ruby is only required to respond to two disclosure requests within a 12-month period.

Right to Access.You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months. If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Ruby is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Ruby is only required by law to respond to two access requests within a 12-month period. 

Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. Ruby may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.

Submit a Consumer Privacy Request. To exercise any of the above rights, please submit a verifiable consumer privacy request to Ruby:

Verification. We cannot respond to your request or provide you with Personal Information unless we can verify your identity and your authority to make the request and confirm that the Personal Information relates to you. A verifiable consumer privacy request must:

  • provide sufficient information that allows us to reasonably verify you are the person about whom we have collected Personal Information or an authorized representative.
  • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You do not have to sign up with Ruby to make a verifiable consumer privacy request. We will only use Personal Information provided in a verifiable consumer privacy request to verify the requestor’s identity or authority to make the request.

Authorized Agent. You may make a verifiable consumer request on behalf of your minor child. Otherwise, only you, or a person you have designated in writing as your authorized agent or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 (“Authorized Agent”) may make a verifiable consumer request related to your Personal Information. If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent, and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.

Ruby’s Response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. 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 receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.

We do not charge a fee to process or respond to your verifiable consumer privacy 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.

Nondiscrimination.We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not do any of the following as a result of your having exercised your right under the CCPA:

  • 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.

Other California Privacy Rights. California Civil Code sections 1798.83-1798.84 (the Shine the Light Act) entitles California residents to request disclosure regarding Personal Information sharing with affiliates and/or third parties for marketing purposes. If you are a California resident and you would like to request a copy of this notice, please contact us at privacy@ruby.com with the subject line “Request for California Privacy Information.”

Specific Considerations for Canadian Individuals.

Location of Service Providers, Hosting and Servers. Our service providers may be located outside of the country in which you are located, and our servers are currently located in the United States. You acknowledge that your Personal Information may be processed and stored in foreign jurisdictions and that governments, courts, law enforcement or government or regulatory agencies in the United States, Canada and elsewhere may be able to access or obtain disclosure of your Personal Information under a lawful order or otherwise through the laws of the applicable foreign jurisdiction, irrespective of the safeguards we have put in place to protect your Personal Information. You may contact us using the details provided below to obtain information about our policies and practices regarding our transfer of data or use of service providers in different jurisdictions.

Security Measures. We will take reasonable measures, through contractual or other means, so that suppliers and agents who assist in providing the Services use reasonable precautions to protect your Personal Information.

Access Rights. Upon written request and identity authentication, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make the information available within thirty (30) days or provide written notice where additional time is required to fulfill the request.

In some situations we may not be able to provide access to certain Personal Information. This may be the case where, for example, disclosure would reveal Personal Information about another individual, the Personal Information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed, could harm our competitive position. We may also be prevented by law from providing access to certain Personal Information. When we refuse an access request, we will notify you in writing, document the reasons for refusal and outline further steps that are available to you.

Choices. You may withdraw your consent to our collections, uses and disclosures of your information at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of consent withdrawal to us. On receipt of notice of consent withdrawal, we will inform you of the likely consequences of that consent withdrawal, which may include our inability to provide certain services for which that information is necessary.

Accuracy of Personal Information. We will make a reasonable effort to ensure that your Personal Information that we are using or disclosing is accurate and complete. In most cases, we rely on you to ensure that your information is current, complete and accurate. If you demonstrate that your Personal Information is inaccurate or incomplete, we will amend the information as required. If appropriate, we will send the amended information to unaffiliated entities to whom the information has been disclosed. When a challenge regarding the accuracy of Personal Information is not resolved to your satisfaction, we will annotate the Personal Information under such entity’s control with a note that the correction was requested, but not made.

Retention. We will keep your Personal Information for as long as necessary in connection with the purposes identified above or as permitted or required by law. You must notify us if you no longer want us to retain your information. We will destroy, erase or make anonymous, documents or other records containing your Personal Information as soon as it is reasonable to assume that the original purpose is no longer being served by retaining the information and retention is no longer necessary for a legal or business purpose. We will take due care when destroying Personal Information so as to prevent unauthorized access to the information.

This Section explains how Ruby deploys cookies and similar technologies, as well as the options you have to control them.

What Are Cookies? Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Cookies are used to recognize your device and to store your preferences. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising on sites provided by other entities.

Some cookies allow us to make it easier for you to navigate the Site or Services, while others are used to enable a faster login process or to allow us to track your activities on the Site and Service.

Where We Place Cookies. Ruby and its Service Providers set cookies on the Site, as well as the App and the Portal. Ruby uses both first party cookies, meaning cookies that originate from Ruby, and third party cookies, meaning cookies that originate from a third party. We may also place cookies in the emails we send to our customers or Site users to track when the email is opened. The Site and HTML emails may also contain tracking technologies like “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies,

Types of Cookies.The table below explains the types of cookies we use on our Site and why we use them.

Please note that the names of cookies and their use can change from time to time as necessary to ensure that the Site functions as intended and, for third party cookies, as determined by the third party cookie host.

Third Party Cookies. Ruby is not responsible for how third party cookies behave or may change from time to time. Third party cookies and similar technologies are governed by each hosting company’s specific privacy notice. You can control how cookies, including third party cookies, interact with your browser as described in Controlling Cookies below.

Controlling Cookies. Most web browsers automatically accept cookies. If you prefer, you can edit your browser options to block them in the future. You can opt-out of accepting cookies by adjusting your browser settings to not accept cookies or to notify you when you are sent a cookie. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also install third-party plugins to control cookie behavior. For example, you can opt-out of Google Analytics by installing Google’s opt-out browser add-on.

Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function. Note that web beacons and pixels are not stored on your computer in the same way. If you disable cookies, these technologies may still load, but their functionality will be restricted.

Cookie Consent Banner. You may see a cookie consent banner on our Site that lists the categories of cookies we use and provides the option to accept or reject different types of cookies. When you consent to cookies on our cookie consent banner, Ruby may set cookies on the Site in correspondence with your selections. You may adjust your cookie selections at any time, and we will display the cookie consent banner to you periodically.

Questions About Cookies? If you have any questions about our use of cookies, please contact us at marketing@ruby.com or toll free at 866-611-7829.

Changes to this Privacy Notice

Ruby reserves the right to modify this Privacy Notice at any time by updating this posting without notice and revising the effective date. All changes are effective immediately when posted and apply to all access to and use of the Site, the App, or the Services. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Call Ruby.

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at 866-611-7829 or privacy@ruby.com.

If you are a California resident and you wish to exercise your rights under California law, please do not hesitate to contact us at 866-611-7829 or privacy@ruby.com or submit a Consumer Privacy Request.

844-311-7829