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

YOUR RIGHTS

We understand that you want to control your personal data, and as a resident of New Jersey, you have the following rights under the New Jersey Consumer Data Protection Act (NJDPA):

  • Access: You have the right to ask whether we are processing your personal data and to request a copy of your data, including details on what we collect, why we collect it, and with whom we share it.
  • Correction & Deletion: You may request corrections to your personal data or ask us to delete certain information.
  • Data Portability: You have the right to request that we transfer the data you provided to us to another company.
  • Opt-Out Rights: You may opt out of the processing of your personal data for targeted advertising, the sale of personal data, or profiling that results in decisions with legal or similarly significant effects on you. (See below for more details on your right to opt out.)
  • Data Breach Notification: You will be notified if your personal data is involved in a data breach.

 

RIGHT TO OPT OUT

As a New Jersey resident, you have the right to opt out of the "sale" of your personal data to "third parties."

Definition of Sale

Under the NJDPA, "sale" is defined broadly and includes any transfer of personal information to a third party in exchange for monetary consideration. However, this does not strictly mean an exchange for money.

At ColorfulWorld, we do not sell your personal data for monetary compensation and will not do so. However, we may transfer personal data to certain third parties to operate our business (e.g., for marketing purposes). Some interpretations of the law may classify these transfers as a "sale." Therefore, if you opt out, we will not transfer your data to any third party except as permitted by law (outlined below).

Potential Impact of Opting Out

Opting out may have unintended consequences, including:

  • Some of our business partners may be unable to process your data, which could affect your access to certain marketing materials and services.
  • If a critical service provider does not agree to NJDPA’s specific contractual requirements and is considered a "third party," certain website features or services may no longer function for you.
  • We may need to notify you if a transaction you initiate requires a third-party transfer, allowing you to opt in if you wish to proceed.

Minors' Data

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

Exceptions to the Opt-Out Right

Certain transfers are not considered a "sale" under the NJDPA, including:

  • Transfers to a "Processor": A processor is a business that uses your data solely to provide contracted services. For example, we may transfer your data to partners providing fraud detection or data security services. Even if you opt out, such transfers will continue.
  • Consumer-Directed Transfers: If you specifically request or direct us to transfer your data to a third party (e.g., selecting a payment processor for an order), we will comply even if you have opted out.
  • Internal Use: Opting out does not prevent us from collecting or processing your personal data for internal business operations.
  • Anonymized or Pseudonymized Data: Data that cannot be linked to you is not considered "personal information" and may still be transferred.

 

TECHNICAL LIMITATIONS OF OPTING OUT

  • Identifying Your Data: While we will make reasonable efforts to prevent the "sale" of your data after you opt out, certain technical limitations may prevent us from linking all collected data to you. If we cannot identify your data, it may still be transferred to a third party.
  • Opting Out is Not the Same as Unsubscribing: Opting out only restricts data transfers classified as a "sale" and does not affect marketing communications. To unsubscribe from emails, use the link in any of our emails. To unsubscribe from text messages, follow the opt-out instructions for that service.
  • Multiple Email Addresses: If you use multiple email addresses, you must submit an opt-out request for each address separately, as we cannot link them automatically.

 

HOW TO MAKE A REQUEST

To opt out of the "sale" of your data, email us at welcome@colorfulworldelephantlight.com.

  • You do not need to create an account to opt out.
  • If you wish to opt out using an email address different from your account email, you must submit a request using that specific email.
  • If opting out for multiple email addresses, provide each address separately.

 

HOW TO APPEAL A REQUEST DECISION

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

  • Per NJDPA, you must appeal within a reasonable time after receiving our decision.
  • We will respond within 60 days of receiving an appeal, detailing any action taken (or not taken) and the reason.
  • If your appeal is denied, you may file a complaint with the New Jersey 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.

This Privacy Notice applies exclusively to residents of New Jersey and is provided in compliance with the New Jersey Consumer Data Protection Act (NJDPA).