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California Consumer Privacy Act (CCPA) Policy

Effective Date: January 1, 2020

Last Updated on: March 10, 2023

This Privacy Policy for California Residents supplements the information contained in Digital Darcy’s Privacy Policy, and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

We, through our website, collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • [Information excluded from the CCPA’s scope, like:
    • 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), clinical trial data, or other qualifying research data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.]

 

In particular, We collected the following categories of personal information from consumers within the last twelve (12) months: IP Address, Name, Company Name, Phone Number, Email Address, User Activity, Country and State of Origin.

We obtain the categories of personal information listed above from the following categories of sources:

  • Our email opt-in form (managed by Mailerlite)
  • Google Analytics
  • Google Search Console
  • Facebook Pixel

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate and/or speed up new product orders or process returns.
  • To send email newsletters to subscribers, track website performance, track Facebook ads performance, track blog traffic and effectiveness.
  • To respond to inquiries submitted by user
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

The reason why your personal information was collected when you provided it to us.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

If necessary to carry out a business purpose, we may share your personal information by disclosing it to a third party. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Digital Darcy has disclosed personal information for a business purpose to these categories of third parties: internet service providers, advertising networks, government entities, affiliates, service providers, data analytics and providers, operating systems and platforms, partners, social networks, internet cookie data recipients.

Digital Darcy does not sell or share personal information to third parties, subject to your right to opt-out of those sales. In the preceding twelve (12) months, Digital Darcy has not sold the following categories of personal information to these categories of third parties: internet service providers, advertising networks, government entities, affiliates, service providers, data analytics and providers, operating systems and platforms, partners, social networks, internet cookie data recipients.

Reselling Personal Information

Under the CCPA, a third-party is prohibited from reselling personal information unless you, as the individual about whom the personal information is, were given explicit notice and proper opportunity to opt-out of further sales.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know

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. This right under the CCPA is the Right to Know. Once we receive your request and confirm your identity, 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.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • The specific pieces of personal information we collected about you (also called a data portability request).

Data Portability must be maintained, which is also a right under CCPA as amended. This means that the information that is provided as a result of data requests must be in a readily usable format.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if any exceptions apply that would permit us to retain the collected information. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to locate and fix errors that impair existing intended functionality and purpose.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act
  6. Comply with a legal obligation.
  7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

 The Right to Correct Inaccurate Personal Information

Under CCPA, as amended by CPRA, you have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

Right to Limit the Use of Sensitive or Personal Information

Under the CCPA, as amended by the CPRA, consumers also have the right to limit the use of the collected sensitive or personal information on them to the particular purposes and categories that the business collected the information for.

Right to Non-Discrimination for Exercising CCPA Rights

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • 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.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Required Notices at Collection

Pursuant to the California Consumer Privacy Act (CCPA), businesses are required to furnish consumers with specific information via a “notice at collection.” This notice must identify the categories of personal information that the business collects from consumers and the reasons why they collect and use such categories of information. In the event that the business sells the personal information of consumers, the notice at collection must feature a “Do Not Sell or Share” hyperlink. Moreover, the notice must include a hyperlink to the business’s privacy policy, which provides a comprehensive overview of the business’s privacy practices and the privacy rights of consumers. The notice at collection must be issued at or prior to the time the business collects the consumer’s personal information.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by filling out our contact form.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may also make a request to know or delete on behalf of your child (age 13 or younger) by filling out our contact form.

You may only submit a request to know twice within a 12-month period. Your request to know or delete 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us.

If your identity and request were verifiable, then we will respond within forty-five (45) days of the receipt of the request. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, a written response will be delivered via electronic mail or regular mail.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically a DOC, PDF, or CSV file.

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

Personal Information Sales Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us not to sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old[, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old]. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by contacting us.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, about the way we collect information and the type of information we collect, please do not hesitate to contact us.