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CCPA

CCPA

VidSwap process personal information in accordance with the following requirements under the California Consumer Privacy Act (“CCPA”) with regard to collecting and/or processing personal information (“PI”) of Californian consumers. For the purposes hereof the requirements address VidSwap as “You”.


Requirements under the California Consumer Privacy Act (“CCPA”) with regard to collecting and/or processing personal information (“PI”) of Californian consumers:

Transparency

You shall be able to disclose the following information:

  • Categories and specific pieces of PI that you collect/process;
  • Categories of sources from which PI is collected/processed; 
  • Purpose for collecting/processing or selling PI; 
  • Categories of third parties with whom you share PI; 
  • Categories of PI that was sold and categories of third parties to whom PI was sold; 
  • Categories of PI that you disclosed about the consumer for a business purpose;

Minors

You shall have a mechanism of obtaining: (a) of parent or guardian’s consent to collect PI of a consumer under 13 years old; and (b) a consumer’s consent to collect his PI if a consumer is between 13 and 16 years old.

Directions for contractors

You need to have a mechanism to direct any your contractor/service provider/data processor, handling PI on your behalf, to rectify/delete such information about a consumer.

Submission options

You must make available to consumers two or more designated methods for submitting requests, including, at a minimum, a toll-free telephone number, and if you maintain a website, you are required to provide a web form or portal. Note: If you are operating exclusively online and you have a direct relationship with a consumer from whom you collect PI, it is only required to provide an email address for submitting requests and a web form or portal (if you maintain a website).

Response time

You shall provide requested information within 45 days. You can get one 45-day extension when reasonably necessary.

Method of delivery

If consumer has an account, PI should be delivered through that account. If the consumer does not have such an account, it can be delivered by mail or electronically, at the consumer’s option. Note: You cannot require a consumer to create an account in order to submit a Verifiable Consumer Request (means a request that you can reasonably verify to be from the consumer about whom you collect/process PI). Note: You need to have a policy for authentication of individuals that make consumer requests.

Data Portability

Information shall be delivered in a portable format and, to the extent technically feasible, in a readily useable format that allows transmission without hindrance. Disclosure must be free of charge.

Right to refuse a request

In case a request is manifestly unfounded or excessive, you may either charge a reasonable fee or refuse to act on the request and notify of the reason for refusing the request. Note: You shall bear the burden of demonstrating that any request is manifestly unfounded or excessive.

Deletion

You shall delete any PI from your records upon request, unless PI is necessary to:

  • Complete the transaction for which PI was collected;
  • Provide goods and services requested or otherwise perform contract;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech or another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in research in the public interest that adheres to all other applicable ethics and privacy laws, if the consumer has provided informed consent;
  • Comply with a legal obligation;
  • Otherwise use the consumer’s PI, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

Limitations

You are not required to retain PI about a consumer collected for a single one-time transaction if that information would not normally be retained. You are not required to re-identify data that, in the ordinary course of business, is not maintained in a manner that would be considered PI.

If you are selling PI

Note: “Sell(ing)”, “Sale”, “Sold” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s PI for monetary or other valuable consideration.

  • Application to Third Parties. You may not Sell PI unless consumer has received explicit notice and an opportunity to opt out. You cannot Sell PI of a consumer under age of 16 without his (for 13-16 years old) or his parents (for age under 13) explicit consent.
  • Notice re Sold PI. You must create and post either within your privacy policy or, if you don’t have a privacy policy, on your website: (i) a list of the categories of consumers’ PI that you have sold, or indicate you have not done so, and (ii) a separate list of the categories of consumers’ PI that you have disclosed for a business purpose, or indicate you have not done so. Note: Need to update this information once every 12 months.
  • Right to Opt Out of the Sale of PI. You shall stop Selling PI upon receipt of direction from a consumer or controller. You must provide on your homepage a clear link titled “Do Not Sell My Personal Information,” which links to an opt-out page. You are permitted to create a separate homepage for California consumers with this link (and omit it from the general homepage) if it takes reasonable steps to ensure California consumers are directed to the California homepage. The foregoing link and a description of this right must also be disclosed in your privacy policy and any California-specific description of consumers’ privacy rights. If a consumer has opted out, you cannot request authorization to Sell the consumer’s PI for 12 months.

Right to non-discrimination

You are not allowed to penalize individuals for exercising rights under the law. You are allowed to offer a different price, rate, level, or quality of goods or services to the consumer if directly related to the value provided to the consumer by the consumer’s data. You are allowed to offer financial incentives, including payments to consumers as compensation, for the collection, Sale or deletion of PI, subject to prior opt in consent of a consumer. You shall notify consumers about such incentives via website and/or privacy policy.

Privacy policy

You shall update your privacy policy to be in compliance with the CCPA and update it every 12 months (even if you don’t make any changes to the policy, update "effective date").

Employee training

You shall ensure that all individuals responsible for handling consumer inquiries are informed about all rights under the CCPA and trained to direct consumers to exercise their rights.

Records

You shall maintain records of opt-out processes and details on the fulfillment or rejection of opt-out requests to demonstrate CCPA compliance and accountability.

7/13/2021, 9:20:24 PM