Montana Consumer Data Privacy Act Rights and Disclosures for Montana Residents


YOUR RIGHTS

As a Montana resident, you have specific rights regarding your personal data. These rights empower you to control how your information is collected, processed, and shared. Below is a summary of your rights under the Montana Consumer Data Privacy Act (MCDPA):

  • Right to Access and Information: You may request confirmation of whether we process your personal data and obtain a copy of the data we collect, along with details on why and with whom we share it.
  • Right to Correction and Deletion: You may request corrections to inaccurate personal data or ask for the deletion of certain information.
  • Right to Data Portability: You can request that the data you provided be transferred to another company.
  • Right to Opt-Out: You may opt out of processing your personal data for targeted advertising, the sale of personal data, or profiling that leads to legal or similarly significant effects.
  • Right to Notification in Case of a Data Breach: You will be notified if your personal data is involved in a data breach.

 

RIGHT TO OPT-OUT

Montana residents have the right to opt out of the "sale" of their personal information to "third parties."

Definition of Sale

The law defines "sale" broadly. It does not only refer to the exchange of data for money but also includes any transfer of personal information to a third party in exchange for monetary consideration.

Our Position on Data Sale

We do not transfer your information to third parties in exchange for money, nor do we intend to. However, we do share personal data with certain third parties to operate our business (e.g., marketing our products and services). While we strive to ensure these transfers do not constitute a "sale," legal interpretations may vary.

What Happens If You Opt-Out

Opting out may impact your experience with our services. Some business partners may not agree to the contractual obligations required to be classified as "processors" under Montana law. If they are considered "third parties," opting out may result in limited access to certain marketing, communications, or website features.

Case-by-Case Opt-In Requirement

If a transaction requires data transfer to a third party, we may prompt you to opt in to proceed with the transaction.

Minors' Data Protection

We do not knowingly sell the data of individuals under 16 years old, nor do we intend to collect data from individuals under 13 years old.

 

EXCEPTIONS TO THE OPT-OUT RIGHT

Certain data transfers are exempt from opt-out provisions under Montana law:

  • Transfers to Processors: We may transfer data to processors even if you opt out. Processors are businesses that contractually agree to use your information solely for providing specified services, such as fraud detection and data security.
  • Transfers at Your Direction: If you direct us to transfer your data or interact with a third party (e.g., choosing a specific payment method for an order), we will proceed with the transfer, even if you previously opted out.
  • Internal Use: Opting out applies only to personal information shared with third parties. We will continue collecting and processing your data for internal use as outlined in our Notice of Collection.
  • Anonymized or Pseudonymized Data: We may continue sharing anonymized or pseudonymized data, as it does not constitute "personal information" under the law.

 

TECHNICAL LIMITATIONS OF OPTING OUT

Please note the following technical limitations regarding opt-out requests:

  • Identification Challenges: If we cannot reasonably determine that specific information relates to you, we may not be able to exclude it from certain data transfers.
  • Marketing Communications: Opting out of the "sale" of data does not automatically unsubscribe you from marketing emails or texts. To stop receiving marketing messages, use the unsubscribe link in our emails or follow the opt-out process for text messages.
  • Multiple Email Addresses: If you have multiple email addresses, you must submit an opt-out request for each one, as we may not be able to link them automatically.

 

HOW TO MAKE A REQUEST

To opt out of the sale of your data, submit your request by emailing us at:

📧 welcome@colorfulworldelephantlight.com

  • No Account Required: You do not need to create an account to opt out.
  • Requesting Opt-Out for a Different Email: If opting out with an email different from your account email, you or an authorized representative must provide the email address you wish to opt out.
  • Multiple Email Addresses: You must submit separate requests for each email address, as we cannot automatically link different addresses.

 

HOW TO APPEAL A DECISION

If we deny your request, you have the right to appeal:

  • Our response will include a clear explanation of the denial and instructions on how to appeal.
  • You must file an appeal within a reasonable period after receiving the decision.
  • We will review your appeal and provide a written response within 60 days.
  • If your appeal is denied, you may submit a complaint to the Montana Attorney General.

 

MORE ON PRIVACY

We are committed to protecting your privacy. For more details, please review our Privacy Policy.

For further inquiries, contact us at welcome@colorfulworldelephantlight.com.