Privacy Policy

Last Updated: 2024-07-19

This Privacy Policy (“Policy“) describes the manner in which WellSaid Labs, Inc. (“WellSaid“, “we,” or “us“) and our website at www.wellsaidlabs.com (the “Site“), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Service“) collects, uses, stores, and shares personal information and how you can exercise your privacy rights. This Policy, which is incorporated into and is subject to the WellSaid Terms of Service, describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information.

This Notice applies to Personal Information (defined below) about individuals with whom we interact in the conduct of our business, such as individuals who visit our website, who utilize our Service, or who are employed by or associated with one of our vendors, customers, or other business partners.

Types of Personal Information We Collect:

Personal Information refers to any information relating to an identifiable natural person. Personal Information also includes information that does not reveal your specific identity or does not directly relate to an individual, but could, when combined with other data, link back to you (collectively, “Personal Information”). Personal Information does not include information that has be de-identified with all identifying information removed and is not capable of being re-identified to you.

In each case as permitted by applicable law, we may collect (and may have collected in the past 12 months) the following categories of personal information for the purposes described below:

• Personal identifiers, such as your name, preferred name, postal address, unique personal identifiers (such as device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technology), telephone number, online identifier, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, date of birth, signature, physical characteristics or description, state identification card number, bank account number, or other financial information
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• Characteristics of protected classifications, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status and military or veteran status.  We only collect this information if you voluntarily disclose it and as permitted by applicable law

• Your internet or other electronic network activity and usage information, such as information about your website use (including clickstream information including which Company page was visited and how much time was spent on the page and search history), information regarding your interactions with Company (including online, by mobile application, and through advertisements), network routing information (where you came from), equipment information (browser type or device type), date and time, general geolocation information, aggregate usage, and performance data.
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• Your interaction and purchase history and tendencies with Company, such as purchase history, requests for our Services, details of your online inquiries and contracts with Company, conversations and correspondence you may have with Company sales representatives, details of your purchased products/services, and inferences drawn from any of the personal information we collect to create a profile about you reflecting your preferences.
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• Customer records, such as paper and electronic invoices and purchase orders and other records that contain Personal Information such as names, signatures, addresses, or employment information.
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• Employment information, such as information about your employer, company, job titles, employment history, and contact information.
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• Sensory data, such as audio and visual information that we may obtain if you use video or audio capture technology as part of the Services or through on-camera video, audio, voice capture and teleconferencing systems within the Services. If you visit, work or perform services in our facilities or facilities in which we operate, your entry, exit and actions in or around those facilities may be monitored by CCTV.
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• Biometric information, such as physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including DNA, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
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• Geolocation data, such as the location of the device(s) through which you access our Services.
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• Non-public education information, such as your education history, education records (such as grades, transcripts and class lists)

The above listed categories include within their scope “sensitive personal information”. As such, WellSaid may collect such sensitive personal information in the course of collecting the information listed in the above categories.

Company does not collect all of the above types of information in all cases. Company may also collect information in an anonymized or aggregate format (in a way that does not identify you) and which is not subject to this Policy.

How We Collect Personal Information/ Sources of Personal Information

• User-provided Information. User-provided Information. When you use the Service, we may collect information about you, including your name, email address, mailing address, mobile phone number, credit card or other billing information, your date of birth, geographic area, or preferences and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you provide us with information when you register for an account, use the Service, make a purchase on the Service, or send us customer service-related requests or provide such information in an email or letter, in a phone conversation, an invoice, quote, or contract, or on a web form
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• Publicly available information and information from third parties, such as commercially available sources, vendors and third-party services providers. For example, by providing your information to,  your company, employer, or another service provider, your Personal Information may be provided to us indirectly through those third parties who originally collected your information.
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• Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well. For instance, we use Google Analytics to collect and process certain analytics data. Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies.

We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.

• Third Party Web Beacons and Third Party Buttons. We may display third-party content on the Service, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by WellSaid. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

We may combine information that we receive from the different sources described above; for example, we may create a profile based on Personal Information provided directly from you and input information regarding your interaction history with sales representatives into that profile.

Lawful Bases for Processing Personal Information

Our lawful basis for processing the Personal Information described in this Notice depends on the type of Personal Information and the specific context in which we collect it.

We will normally process your Personal Information from you only (1) where you have provided your consent for us to do so, (2) where we need the Personal Information to perform a contract with you or provide services or goods to you that you have requested, or (3) where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to process your Personal Information.

You are able to revoke your consent given to us for the use of your Personal Information at any time. You can do this by contacting us using the information in the “Your Privacy Preferences and Our Contact Information” section below. Please note that even if you revoke your consent, we may continue to use your Personal Information if we have a separate lawful basis for doing so other than your consent.

Business Purposes for Collecting Personal Information and How We Use the Personal Information We Collect. We use personal information we collect on the Service in a variety of ways to provide the Service and operate our business in furtherance of our legitimate business interests and purposes, including the following purposes:

• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
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• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
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• We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
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• For legal, safety, or security reasons, such as to comply with legal requirements, to protect the safety, property, and rights of Company, those who interact with Company, and others, including in emergency situations, to enforce or apply our terms of use and other agreements, and to detect, prevent, and respond to security incidents or other malicious, deceptive, fraudulent, or illegal activity.
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• We may use cookies and automatically collected information to: (i) personalize our Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

When We Disclose/Share Personal Information. We may disclose information to third parties if you consent to us doing so and in the following circumstances:

• Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.
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• We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
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• To our affiliates and subsidiaries, corporate parents, affiliates, subsidiaries, business units, and other companies that share common ownership with Company.
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• If you interact with Company in connection with your employment, we may share Personal Information with other individuals designated by your organization.
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• We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
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• We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
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• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
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• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

Your Personal Information Choices and Privacy and Communication Preferences

You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your account information at any time by accessing your account preferences page on the Service. If you wish to access or amend any other personal information we hold about you, you may contact us at support@wellsaidlabs.com. If you are a European Union, Texas, or California resident, please see below for further information regarding your data access, correction, and amendment rights. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, subject to applicable legal requirements to the contrary, we may retain all information you have previously submitted for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at support@wellsaidlabs.com or by writing to us at the address given at the end of this policy. You may request to view and modify settings relating to the nature and frequency of promotional communications that you receive by contacting support@wellsaidlabs.com.

Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Third-Party Services

The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Site is a general audience site not directed to children under the age of 13 (with no users under 18 permitted to create accounts), and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent.

Data Security and Retention

We use certain physical, managerial, and technical safeguards that are designed to ensure the integrity and security of information that we collect and maintain. The measures we use are designed to provide a level of security appropriate to the risk associated with processing your Personal Information. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Company will retain your Personal Information for as long as needed based on the following criteria: to provide you with the products or services you have requested, as needed for the purposes outlined in this Notice or at the time of collection, as necessary to comply with our legal obligations (for example, to comply with opt-out requests), to resolve disputes and enforce our agreements, or to the extent permitted by law.

International Visitors

The Service is hosted in the United States and all Users of the Service acknowledge that their personal information and data is subject to collection connection with their use of the Service in the United States. . If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are choosing to transmit your personal information outside of those regions to the United States for storage and processing. If your use of the Service is through a third-party enterprise partner of WellSaid and your personal information or data is being collected at a point of collection outside of the United States, data transfers to the United States are subject to and governed by such data transfer agreements as Wellsaid may enter into from time to time with its enterprise partners.  Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.

EEA Privacy Rights

For Personal Information of European Economic Area (“EEA”) residents or where EEA data protection laws apply, with certain exceptions and limitations, you may exercise the following rights regarding your Personal Information:

• Right to Access: You can ask us for a copy of your Personal Information.
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• Change or Correction: You have the right to ask us to change information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
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• Right to Portability: You have the right to ask us to transfer the information you gave us to another organization, or to you, in certain circumstances.
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• Object to, or Limit or Restrict, Processing: You can ask us to stop using all or some of your Personal Information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if it is inaccurate or unlawfully held).
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• Deletion: You can ask us to erase or delete all or some of your Personal Information in certain circumstances (e.g., if it is no longer necessary to provide products or services to you).

To the extent Company receives any Personal Information from EEA residents as a Controller as defined in the General Data Protection Regulation (Regulation EU 2016/679), we will only collect and process Personal Information about you where we have one or more of the lawful bases described in this Notice. Where we rely on your consent to process Personal Information, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. To the extent Company receives Personal Information from EEA residents for processing as Processor as defined in the GDPR, it will receive and process such information based on the lawful bases for which the Controller originally collected and shared such Personal Information for processing.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you, unless additional time is needed, in which case we will let you know.

You may exercise your rights by submitting a request using the information in the Contact  section below.

California Privacy Rights

California law grants certain rights to California residents and imposes restrictions on particular business practices as summarized below. Company is not directly subject to the application of the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”) as it itself does not satisfy the threshold requirements for CPRA compliance. Persons who are California residents may however have the right to request that we disclose to you what personal information we receive, use, disclose, and sell about you on behalf of our enterprise partners who may be subject to the CPRA. For purposes of informing you of how WellSaid uses Personal Information on behalf of our enterprise customers, please see the following:

Do-Not-Sell. California residents have the right to opt-out of any sale of your personal information.  Company does not sell personal information about California residents.

Do-Not-Share. California residents have the right to opt-out of any sharing of personal information with third parties for purposes of targeted or cross-context behavioral advertising. Company does not share personal information with third-parties for purposes of targeted or cross-context behavioral advertising.

Right to Limit Use. Company does not collect sensitive personal information about you for the purpose of inferring any characteristics about you.

Verifiable Requests for Copy, Deletion , Correction, and Right to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months (please see ‘Submitting Requests’ below for instructions about how to exercise your rights):

Deletion: The right to request deletion of your personal information that we have collected about you, subject to certain exemptions, and to have such personal information deleted, except where otherwise limited by law;

Copy: The right to request a copy of the specific pieces of personal information that we have collected about you;

Right to Correct: The right to direct, subject to the use of commercially reasonable efforts, the correction of inaccurate personal information that we have collected about you;

Right to Know (Collection): Where we have collected your personal information, you have the right to request that we disclose to you certain information about how we have handled your personal information, including the categories of personal information collected, categories of sources of personal information, business and/or commercial purposes for collecting personal information, and the categories of third parties/with whom we have disclosed or shared your personal information.

WellSaid is not directly responsible for satisfying the data subject requests set forth above for California residents. If you are a California resident who wishes to obtain access to or correct, or to direct us to delete, your personal information that WellSaid maintains personal information about you through one of its enterprise partners that is subject to one of the rights listed above, please fill out a Data Request Form and email it to support@wellsaidlabs.com  and we will forward your request to the appropriate party who is the collector/controller of the data.

Texas Privacy Rights

Under the Texas Data Privacy and Security Act Notice of 2023 (the TDPSA”) we are required to notify Texas residents about our collection, use, and disclosure of their personal information (whether collected through this website or otherwise). In this section of our Notice, and in accordance with the TDPSA, “Personal Data” includes any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer relating to residents of Texas.

For detailed information on the categories of Personal Data we collect and process please review the “What Types of Personal Information We Collect” section of this Notice. The listed categories include within their scope “sensitive data categories” as that term is defined in the TDPSA. As such, Company may collect such sensitive personal data in the course of collecting the information listed in the above categories.

For detailed information about the sources from which we collect Personal Data, please review the “How We Collect Personal Information” section of this Notice.

For detailed information on how we use your Personal Data, please review the “How We Use Your Personal Information” and “Lawful Bases for Processing Personal Information” sections of this Notice.

As described in this Notice, Personal Data we process might be shared and disclosed with third parties for business or commercial purposes. For detailed information on third-party sharing in the “With Whom We Share Your Personal Information” section of this Notice.

Persons who are Texas residents have the right to request that we disclose to you what personal data we collect, use, disclose, and sell about you as follows:

Right to Access: You have the right to confirm what Personal Data we are processing on you and to access the Personal Data, including:

• The categories of Personal Data;
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• The categories of sources from which the Personal Data is collected;
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• The business or commercial purpose for collecting or selling Personal Data and/or sensitive Personal Data;
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• The categories of third parties to whom we disclose Personal Data; and
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• The specific pieces of Personal Data we have collected about you.
  

Right to Correct: You have the right to correct inaccuracies in your Personal Data, considering the nature of the Personal Data, and the purposes for processing your Personal Data.

Right to Delete: You have the right to request the deletion of your Personal Data that we have collected about you, subject to certain exceptions.

Right to Data Portability: You have the right to request a copy of personal  data, if it exists in a digital format that you previously provided to us. We will provide the copy to use in a portable, and to the extent technically feasible, readily usable format that allows you to transfer the data to another Controller without hindrance. •

Right to Opt-Out of the Selling Personal Data: You have the right to opt-out of the selling of your Personal Data for the purposes of targeted advertising, the sale of your Personal Data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you. WellSaid does not sell Personal Data.

We do not use sensitive Personal Data about you for purposes other than those specified in the TDPSA and this privacy notice.

If you are a Texas resident or their authorized agent who wishes to obtain access to or correct, or to direct us to delete, your personal information, please fill out a Data Request Form and email it to support@wellsaidlabs.com.

We may deny a request if your identity and residency are not verified to our satisfaction or as otherwise permitted by law. Every request from an individual will be assessed on a case by case basis. We will not discriminate against consumers who exercise their rights under Texas law. If your request is denied, we will notify you why in writing. If we deny any of your rights granted by the TDPSA, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please include ‘Appeal’ in the subject line, along with the prior request and related communications. We will notify you in writing of any action taken or not taken in response to your appeal not later than the 60th day.

We will respond to your requests within 45 days, unless additional time (up to 45 more days) is needed, in which case we will let you know.

How to Contact Us

Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at support@wellsaidlabs.com.

WellSaid Labs, Inc.

113 Cherry St
Ste 52562
Seattle, Washington 98104-2205 US

Please note that when you submit a request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information, use identity verification services to assist us, or, if you have set up an account on our website, we may ask you to sign in to your account as part of our identity verification process. Please understand that, depending on the type of request you submit, to protect the privacy and security of your personal information, we will only complete your request when we are satisfied that we have verified your identity to a reasonable degree of certainty.

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