CALIFORNIA PRIVACY RIGHTS
Last modified August 20, 2022
This Addendum supplements the information in the Midnight Velvet Privacy Policy.
CALIFORNIA'S "SHINE THE LIGHT" LAW
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business's disclosures of personal information to third parties for third party direct marketing purposes. Alternately, a business may have in place a policy not to disclose personal information of customers for third party direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. (Note: our sites, like most in the U.S., do not recognize the "do not track signals" that some browsers may employ.) As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes, please do so by calling us at 866-325-8365 or using this form: Do Not Sell My Info.
An opt out with respect to third party sharing will not apply to information-sharing arrangements needed to process and fulfill product orders, or as otherwise described in our Financial Privacy Notice. See Terms and Conditions to see our Financial Privacy Notice.
NOTICE TO CALIFORNIA RESIDENTS [CONSUMERS] - CALIFORNIA CONSUMER PRIVACY PROTECTION ACT
The California Consumer Privacy Act of 2018 as amended ("CCPA") provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California ("California Consumer") and uses our Services. This Addendum supplements the information in the Midnight Velvet Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers. If you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it.
1. YOUR CALIFORNIA RIGHTS AND CHOICES
Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. (To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.)
a. Right to request access to your personal information
California residents have the right to request that we disclose what categories of your personal information that we collect, use, or sell. You may also request the specific pieces of personal information that we have collected from you. However, we may withhold some personal information where the risk to you or our business is too great to disclose the information.
b. Right to request deletion of your personal information
California residents may also request that we delete any personal information that we collected from you, such as if you have been a customer of ours. (Note that this is different from your right to "opt out" of us selling your personal information.) However, we may retain personal information for certain important purposes, such as (a) to protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality (such as de-bugging purposes), (c) as necessary for us, or others, to exercise their free speech or other rights, (d) to comply with law enforcement requests pursuant to lawful process, (e) for scientific or historical research, (f) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.
c. Right to "opt-out" of the sale of your personal information.
California residents may opt out of the "sale" of their personal information. California law broadly defines what constitutes a "sale" – including making available a wide variety of information in exchange for "valuable consideration."
Depending what information we have about you, and whether we have included any of it in our marketing products and services, we may have sold (as defined by California law) certain categories of information about you in the last 12 months including the following categories:
- Identifiers (such as name, address, email address);
- Commercial information (such as transaction data);
- Internet or other network or device activity (such as browsing history, IP Address, or app usage);
- Other information that identifies or can be reasonably associated with you.
d. How to exercise your access and deletion rights
California residents may exercise their California privacy rights by submitting your request to Access Your Information, Delete Your Information, or by contacting us at 866-325-8365.
For security purposes (and as required under California law), we will verify your identity – in part by requesting certain information from you -- when you request to exercise your California privacy rights.
Once we have verified your identity, we will respond to your request as appropriate:
- Where you have requested the categories of personal information that we have collected about you, we will provide a list of those categories.
- Where you have requested specific pieces of personal information, we will provide the information you have requested to the extent required under the CCPA and provided we do not believe there is an overriding privacy or security concern to doing so.
- Where you have requested that we delete personal information that we have collected from you, we will seek to confirm whether your request is for an "opt out" or a "deletion". We do this because "opt out" or "do not sell" rights enable us to maintain your information for "suppression" purposes – i.e., to prevent us from selling information about you in the future (which is what many consumers requesting "deletion" actually desire to occur). We try to explain this in order to ensure we are meeting consumers’ preferences.
- Upon completion of the above process, we will send you a notice that explains the categories of personal information we were able to locate about you, whether we (1) deleted, (2) deidentified, or (3) retained the information we collected from you. Certain information may be exempt from such requests under applicable law.
e. Right to nondiscrimination.
Unless permitted by law, we will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.
f. Information about persons under 16 years of age
We do not knowingly collect personal information from minors under 16 years of age in California unless we have received legal consent to do so. If we learn that personal information from such California residents has been collected, we will take reasonable steps to remove their information from our database (or to obtain legally required consent).
g. Authorized agents
You may also designate an agent to make requests to exercise your rights under the CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.