Nebraska Consumer Data Protection Act Rights and Disclosures for Nebraska Residents

YOUR RIGHTS

We understand the importance of your personal data and your right to control it. As a Nebraska resident, you are entitled to the following rights:

  • Right to Access: You may request confirmation regarding whether we process your personal data. You can also request a copy of your data and information on what we collect, why we collect it, and with whom we share it.
  • Right to Data Portability: You may request the transfer of personal data you have provided to us to another company.
  • Right to Opt-Out: You may opt out of certain processing of your personal data, including targeted advertising, the sale of personal data, and profiling that results in legal or similarly significant effects (see below for further details on your right to opt out).
  • Right to Notification: You will be informed if your personal data is involved in a data breach.

 

RIGHT TO OPT-OUT

Opting Out of the Sale of Personal Data

As a Nebraska resident, you have the right to opt out of the "sale" of your personal information to "third parties."

Definition of Sale: The term "sale" under Nebraska law is broad. It does not merely refer to the exchange of data for monetary compensation; rather, it includes any transfer of personal data to a "third party" in exchange for "monetary consideration."

We do not transfer your information to third parties in exchange for direct payment and will not do so. However, we may share personal information with third parties to facilitate our business operations, such as marketing our products and services. While we do not consider this a "sale" in the conventional sense, certain transfers could be interpreted as such under Nebraska law.

Impact of Opting Out

  • Opting out may prevent us from sharing your data with some business partners, which could affect the marketing materials and offers you receive from us.
  • If any of our critical partners cannot meet Nebraska's legal requirements for "processors," we may be unable to provide certain services or features of our website after you opt out.
  • In some cases, if a transaction requires a transfer to a third party, we may notify you and request your explicit consent to proceed with the transaction.

Minors

We do not "sell" the personal data of individuals under the age of 16. Additionally, we do not knowingly collect data from individuals under the age of 13.

 

EXCEPTIONS TO THE RIGHT TO OPT-OUT

While you may opt out of the "sale" of your data, Nebraska law allows for specific exceptions:

  • Transfers to Processors: We may continue transferring personal data to "processors," as these entities are contractually bound to use your data solely for services specified in our agreement. For instance, data transferred to business partners for fraud detection and security purposes is permitted under the law.
  • User-Directed Transfers: If you direct us to share your data with a third party (e.g., selecting a specific payment provider for your order), we may proceed with the transfer even if you have opted out.
  • Internal Use: Opting out does not prevent us from collecting and processing your personal data internally. For more details, refer to our Notice of Collection.
  • Anonymized Data: Opting out only applies to personal information that is linked or linkable to you. We may continue to transfer anonymized or pseudonymized data, as it does not constitute "personal information" under the law.

 

TECHNICAL LIMITATIONS OF OPTING OUT

There are technical constraints to how we can identify and prevent the "sale" of your data:

  • Where reasonably identifiable, we will exclude your data from "sales" as requested.
  • However, if we cannot reasonably associate certain data with you, it may still be transferred to third parties.

Opting Out vs. Unsubscribing

Opting out of the "sale" of your personal information does not automatically unsubscribe you from marketing communications. To unsubscribe from emails or text messages, please follow the designated unsubscribe links in our communications.

Opting Out for Multiple Email Addresses

If you use multiple email addresses and wish to opt out for each, you must provide all relevant addresses separately, as we cannot automatically link multiple accounts.

 

HOW TO MAKE A REQUEST

If you wish to opt out of the "sale" of your personal data, you may contact us at:

Email: welcome@colorfulworldelephantlight.com

  • You do not need to create an account to submit an opt-out request.
  • If opting out for an email address that differs from your account email, you must use the email process to ensure proper identification.
  • If you are submitting a request on behalf of someone else, you or your authorized representative must provide the relevant email address for processing.

 

HOW TO APPEAL A DECISION PERTAINING TO A REQUEST

If we deny your request, our response will include the reason for the denial and instructions on how to appeal the decision.

  • Under Nebraska law, appeals must be submitted within a reasonable period after receiving our decision.
  • Within 60 days of receiving your appeal, we will provide a written response outlining any actions taken or not taken in response to your appeal.
  • If your appeal is denied, you may submit a complaint to the Nebraska 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.