This Notice to California Residents (“CCPA Notice”), provided by ABBA Design and its affiliates and subsidiaries (collectively “ABBA Design,” “we,” “us,” or “our”) pursuant to the California Consumer Privacy Act (“CCPA”), applies to natural persons who reside in the State of California (“consumers” or “you”), that visit our website at abbadesign.net (the “Website”), apply for a job with us, purchase products or services from us, or otherwise engage or interact with us.
In the event of any conflict or inconsistency between this CCPA Notice and our Privacy Policy, this CCPA Notice shall control only with respect to the Personal Information (as defined in CCPA) of consumers, their households or devices. If you are located outside of the State of California this CCPA Notice does not apply to you and you should refer to our Privacy Policy.
Information We Collect
Categories of Personal Information. ABBA Design has or may have collected and/or received the Categories of Personal Information identified below (with examples) from or about consumers, their households or devices, within the twelve (12) months preceding the Last Update of this CCPA Notice (“Last Update”). Personal Information does not include (i) publicly available information from government records; (ii) deidentified or aggregated Personal Information; or (iii) information excluded from the CCPA including information regulated by certain sector-specific data protection laws including the Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, the Gramm-Leach-Bliley Act of 1999, and the California Financial Information Privacy Act.
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- Identifiers. Name, postal address, unique personal identifier, online identifier, IP address, email address, account name.
- Categories of Personal Information Listed in Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number, credit card number.
- Protected classification characteristics under California or federal law. Age (40 years or older), sex (including gender, gender identity, gender expression).
- Commercial Information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Professional or employment-related information. Current or past job history.
Categories of Sources. We collect the Categories of Personal Information listed above from the following Categories of Sources: (i) directly from consumers (e.g., forms, surveys, responses, or other direct interactions from or with consumers), (ii) indirectly from consumers (e.g., consumer activity online, interactions with our Website and other sites), and (iii) through our affiliate program.
Use of Personal Information. We may use or disclose the Personal Information we collect for one or more of the following commercial or business purposes (each, a “Business Purpose”): (i) to investigate and to manage enquiries, disputes and legal proceedings, (ii) to comply with court orders, mandatory dispute resolution determinations and mandatory government authority or law enforcement orders or directions, (iii) as described to you when collecting your Personal Information or as otherwise permissible under the CCPA, (iv) to evaluate or consummate a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information is among the assets transferred, (v) to process and fulfill orders and payments, (vi) to communicate with Website visitors, customers, subcontractors and vendors, including through email marketing, (vii) to develop, implement, market, promote, and sell our products and services, (viii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, (ix) to help troubleshoot technical errors, (x) to create, maintain, customize, and secure your account with us, (xi) to review and assess market trends and activities impacting our products and services, and (xii) to personalize your Website experience and to deliver content, product, and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
Categories of Third Party Recipients. We may share your Personal Information with the following Categories of Third Party Recipients for Business Purposes:
- Service Providers, which include cloud hosting providers, technical assistance and security, database management/back-up services, analytics, digital marketing (e.g., marketing automation), customer relationship management, customer service, providers of administrative services, payment processors, suppliers, distribution channels, email marketing, reviews platform.
- Social networks used for retargeting and creating audiences (“Social Networks”)
Your Rights and Choices
The CCPA provides consumers with specific rights regarding their Personal Information. This section describes such rights and explains how to exercise them.
Right to Know About Personal Information. You have the right to request that we disclose certain information to you about our collection, disclosure, sale and use of your Personal Information. Once we receive and verify your request, we will disclose to you the following (to the extent applicable to your request):
- Specific pieces of Personal Information we collected about you in the preceding twelve (12) months (also known as a data portability request)
- Categories of Personal Information we collected about you in the preceding twelve (12) months
- Categories of Sources from which the Personal Information was collected
- Our Business Purpose for collecting that Personal Information
- Categories of Personal Information we disclosed or sold for a Business Purpose and the Categories of Third Party Recipients to whom the Personal Information was disclosed or sold
Right to Request Deletion. You have the right to request that we delete any of Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Exercising Rights to Know or Request Deletion. To exercise the rights to know or request deletion described above, please submit a verifiable consumer request to us by either: (a) calling us at 484-872-1444 or (b) submitting your request by email to [email protected]. You may only make a verifiable consumer request under the right to know twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) 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 related to you.
Verification Process. To submit a verifiable consumer request, the consumer may be required to provide up to three data points, which may include additional Personal Information, to enable us to verify the consumer’s identity with the degree of certainty required by the CCPA. We will use Personal Information provided in a verifiable consumer request solely for the purpose of verifying the requestor’s identity or authority to make the request. We or a third party on our behalf may follow up with you to determine whether a request is a verifiable consumer request under applicable law. If we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you, we will deny the consumer request in whole or in part and will not to disclose the information requested or, as applicable, will not delete the information requested. We will respond to any such consumer request with a denial, and will also explain why it has no reasonable method by which it can verify the identity of the requestor.
Response Timing and Format. We will confirm receipt of a verifiable consumer request within then (10) business days of its receipt. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. We will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. 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. We may charge a reasonable fee to process or respond to your verifiable consumer requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.
Right to Opt-Out of the Sale of Personal Information.
If you are 16 years of age or older, you have the right, at any time, to direct us to not sell your Personal Information (the “right to opt-out”). We do not knowingly sell the Personal Information of children under the age of 16, unless we receive affirmative authorization (the “right to opt-in”) from either (i) the consumer who is between 13 and 16 years of age, or (ii) the parent or guardian of a consumer less than 13 years of age. 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 by clicking Do Not Sell My Personal Information, calling us at 484-872-1444, or by submitting your request via email at [email protected].
Once you make an opt-out request, we will not ask you to reauthorize Personal Information sales for at least twelve (12) months. However, you may change your mind and opt back in to Personal Information sales at any time by sending us an email with an opt-in request at [email protected].
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. We will not (i) deny you products or services, (ii) charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties (except for financial incentives permitted by the CCPA, see below), (iii) provide you a different level or quality of products or services, and (iv) suggest that you may receive a different price or rate for products or services or a different level or quality of products or services.
Notice of Financial Incentives
We offer consumers incentives such as a discount on a future purchase if they sign up to receive our newsletter by providing us with their email address.
We also provide consumers with the ability to sign up for our loyalty program, ABBA Design, by providing certain personal information such as their name and email address. ABBA Design provides members exclusive offers and rewards based on how much they spend. Additionally, for ABBA Design members, if they provide us with their date of birth we will provide them additional rewards on their birthday.
Because ABBA Design and the newsletter sign-up incentives involve the collection of personal information in exchange for rewards and other perks, they may be interpreted as “financial incentives” under the CCPA. The ABBA Design rewards and benefits, and the newsletter sign-up incentives, are reasonably related to the value of the personal information you provide in order to participate. We calculate the value of the ABBA Design rewards and benefits, and the newsletter sign-up incentives, based on the potential revenue generated by the business from purchases by program or incentive participants. To withdraw from any of our programs or incentives described in this Notice of Financial Incentives, please contact us at [email protected].
Right to Designate an Authorized Agent
If you submit a request to know, delete or opt-out of the sale of your Personal Information through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us. We may deny a request from an authorized agent that does not submit proof of authorization.
Other California Privacy Rights
Pursuant to California’s “Shine the Light” law (Civil Code Section § 1798.83), California residents have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.
