California Privacy Rights
NOTICE TO CALIFORNIA RESIDENTS
To the extent required by applicable law, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us by email at email@example.com
CCPA FACT SHEET, as of January 1, 2020
The California Consumer Privacy Act (CCPA) was enacted in 2018 and takes effect on January 1, 2020. This landmark piece of legislation secures new privacy rights for California consumers. On October 10, 2019, Attorney General Xavier Becerra released draft regulations under the CCPA for public comment.
The CCPA grants new rights to California consumers • The right to know what personal information is collected, used, shared or sold, both as to the categories and specific pieces of personal information; • The right to delete personal information held by businesses and by extension, a business’s service provider; • The right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. Children under the age of 16 must provide opt in consent, with a parent or guardian consenting for children under 13. • The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA.
The CCPA applies to certain businesses • Businesses are subject to the CCPA if one or more of the following are true: o Has gross annual revenues in excess of $25 million; o Buys, receives, or sells the personal information of 50,000 or more consumers, households, or devices; o Derives 50 percent or more of annual revenues from selling consumers’ personal information. • As proposed by the draft regulations, businesses that handle the personal information of more than 4 million consumers will have additional obligations.
The CCPA imposes new business obligations • Businesses subject to the CCPA must provide notice to consumers at or before data collection. • Businesses must create procedures to respond to requests from consumers to opt-out, know, and delete. For requests to opt-out, businesses must provide a “Do Not Sell My Info” link on their website or mobile app. • Businesses must respond to requests from consumers to know, delete, and opt-out within specific timeframes. As proposed by the draft regulations, businesses must treat user-enabled privacy settings that signal a consumer’s choice to opt-out as a validly submitted opt-out request. • Businesses must verify the identity of consumers who make requests to know and to delete, whether or not the consumer maintains a password-protected account with the business. As proposed by the draft regulations, if a business is unable to verify a request, it may deny the request, but must comply to the greatest extent it can. For example, it must treat a request to delete as a request to opt-out. • As proposed by the draft regulations, businesses must disclose financial incentives offered in exchange for the retention or sale of a consumer’s personal information and explain how they calculate the value of the personal information. Businesses must also explain how the incentive is permitted under the CCPA. • As proposed by the draft regulations, businesses must maintain records of requests and how they responded for 24 months in order to demonstrate their compliance. o In addition, businesses that collect, buy, or sell the personal information of more than 4 million consumers have additional record-keeping and training obligations.