New Hampshire Consumer Data Protection Act Rights and Disclosures for New Hampshire Residents

YOUR RIGHTS

We value your right to control your personal data. As a resident of New Hampshire, you are entitled to the following rights:

  • Access and Information: You have the right to inquire whether we are processing your personal data, request a copy of your data, and obtain details regarding what we collect, the purposes of collection, and with whom we share your information.
  • Correction and Deletion: You may request corrections to your personal data or ask for its deletion, subject to applicable legal requirements.
  • Data Portability: You can request the transfer of your personal data to another entity.
  • Opt-Out Rights: You have the right to opt out of the processing of your personal data for targeted advertising, the sale of personal data, or profiling that results in legal or similarly significant effects (see below for more details on your right to opt out).
  • Data Breach Notification: In the event of a data breach affecting your personal data, you will receive a timely notification.

 

RIGHT TO OPT OUT

If you are a New Hampshire resident, you have the right to opt out of the sale of your personal data to third parties. Under New Hampshire law, a "sale" is defined broadly and includes transfers of personal information in exchange for monetary consideration.

  • Our Practices: We do not transfer your personal information to third parties in exchange for money and have no intention of doing so. However, we do share certain personal information with select third parties to operate our business (e.g., marketing services). While we do not consider such sharing to be a "sale," some may argue otherwise under the law.
  • Impact of Opting Out: Opting out of the "sale" of your data may limit certain services or communications. Because the law defines any business that does not meet processor contractual requirements as a "third party," opting out could result in the loss of marketing messages, promotional offers, or even certain website functionalities.
  • Third-Party Contracts: We strive to ensure that all partners handling your data accept the role of "processor" and adhere to strict contractual terms. However, if a partner does not or cannot agree to such terms, they may be considered a "third party," restricting data sharing upon your opt-out request.
  • Transactional Alerts: If a transaction requires transferring data to a third party, we will notify you and provide an opportunity to opt in before the transaction proceeds.

 

MINORS

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

 

EXCEPTIONS TO OPT-OUT RIGHTS

Certain data transfers are exempt from the opt-out provision:

  • Processors: We may continue transferring data to processors even if you opt out. Processors handle your data strictly for the purposes specified in our contract (e.g., fraud detection, data security, and payment processing).
  • Consumer-Directed Transfers: If you direct us to share your data (e.g., by selecting a payment method), we will proceed with the transfer even if you have opted out.
  • Internal Data Use: Opting out does not prevent us from collecting and processing your personal data for internal operations. This includes using anonymized or pseudonymized data, which is not classified as personal information under the law.

 

TECHNICAL LIMITATIONS ON OPT-OUT REQUESTS

  • Identification Challenges: We may not always be able to identify all data associated with you. If we can reasonably determine that information is linked to you and you have opted out, we will restrict its "sale." However, if we cannot verify this, the data may still be shared with third parties.
  • Marketing vs. Opt-Out: Opting out of data "sales" does not automatically unsubscribe you from marketing communications. If you wish to stop receiving marketing emails or text messages, please follow the unsubscribe instructions provided in those communications.
  • Multiple Email Addresses: If you use multiple email addresses, you must provide each address separately when making an opt-out request, as we cannot automatically link multiple email accounts.

 

HOW TO MAKE A REQUEST

To opt out of the "sale" of your data, you may email us at welcome@colorfulworldelephantlight.com. You are not required to create an account to submit this request.

If you wish to opt out using an email address different from the one associated with your account, you or your authorized representative must provide the specific email address to be opted out. If you have multiple email addresses, each must be submitted individually 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. Under New Hampshire law:

  • You must submit an appeal within a reasonable period following our decision.
  • We will respond to your appeal within 60 days of receipt, outlining any actions taken or the reasons for our refusal.
  • If your appeal is denied, you may escalate the matter by submitting a complaint to the New Hampshire Attorney General.

 

MORE ON PRIVACY

We prioritize your privacy and security. For further details, please review our Privacy Policy.

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