Delaware Consumer Data Protection Act Rights and Disclosures for Delaware Residents

Your Rights

As a resident of Delaware, you have the right to control your personal data. Below is a summary of your rights under the Delaware Consumer Data Protection Act:

  • Access to Information: You may request confirmation regarding whether we are processing your personal data and obtain a copy of the data collected, including details on the purpose of collection and with whom it is shared.
  • Correction and Deletion: You may request the correction of inaccurate personal data or the deletion of certain data.
  • Data Portability: You may request that the personal data you provided be transferred to another entity in a structured, commonly used, and machine-readable format.
  • Opt-Out Rights: You have the right to opt out of:The processing of your personal data for targeted advertising.

          a. The sale of your personal data.

          b. Profiling that results in legal or similarly significant effects concerning you.

  • Breach Notification: You will be notified if your personal data is involved in a data breach.

 

Right to Opt-Out

Opting Out of the Sale of Personal Information

Delaware law defines "sale" broadly, covering not only exchanges of personal data for money but also transfers of data in exchange for monetary consideration. While we do not transfer personal data to third parties in exchange for money and will not do so, we do share personal data with certain third parties for business operations, such as marketing and service provision. Some might argue that such transfers constitute a "sale" under the law.

To respect your privacy, if you choose to opt out, we will not transfer your information to any "third party" except as permitted by law and outlined in the exceptions below.

 

Effects of Opting Out

Opting out may have unintended effects, as the law considers any entity a "third party" unless it agrees to specific contractual provisions recognizing its role as a processor. We strive to ensure that all recipients of your data accept processor responsibilities, but not all can or will do so.

If you opt out:

  • Some marketing communications or services you receive from us may be discontinued.
  • Certain features on our website may be limited if a critical partner cannot meet the legal processor requirements.
  • You may receive notifications when certain transactions require a third-party transfer, giving you the choice to opt in.

 

Minors

We do not sell the personal data of individuals under 16 years old and do not knowingly collect data from individuals under 13 years old.

 

Exceptions to Opt-Out Requests

Certain data transfers are not considered "sales" under Delaware law, even if you opt out:

  • Transfers to Processors: We may share personal data with processors that perform services such as fraud detection and data security, as they are contractually bound to use the data strictly for these purposes.
  • User-Directed Transfers: If you direct us to share data with a third party, such as choosing a specific payment processor, we will continue the necessary data transfer despite an opt-out request.
  • Internal Data Processing: We may continue to collect, process, and use your personal data internally in compliance with our Privacy Policy.
  • Anonymized Data: Opting out does not apply to anonymized or pseudonymized data, which we may continue to share.

 

Technical Limitations of Opt-Out Requests

While we make reasonable efforts to honor opt-out requests, certain technical limitations exist:

  • If we cannot reliably identify your data, we may be unable to prevent its "sale."
  • Opting out does not equate to unsubscribing from marketing communications. You must separately unsubscribeusing the appropriate opt-out links in our emails or text messages.
  • Opting out applies only to the specific email address or identifier provided; you must submit requests for each email or account separately.

 

How to Make a Request

To opt out of the "sale" of your personal data, email us at welcome@colorfulworldelephantlight.com. You will not be required to create an account to submit a request.

  • If you wish to opt out an email address that differs from the one associated with your account, you must use the email process to do so.
  • If opting out multiple email addresses, each address must be provided separately, as we cannot automatically link different addresses.

 

How to Appeal a Decision

If we deny your request, we will provide the reason and instructions for appeal. Under Delaware law:

  • You must submit an appeal within a reasonable period of time following our response.
  • We will respond to appeals within 60 days of receipt.
  • If your appeal is denied, you may submit a complaint to the Delaware Attorney General.

 

More on Privacy

We are committed to protecting your privacy and ensuring the security of your personal data. For further details, please review our Privacy Policy.

For any additional inquiries, contact us at welcome@colorfulworldelephantlight.com.