Texas Data Privacy and Security Act Rights and Disclosures for Texas Residents


Your Rights

As a Texas resident, you have specific rights regarding your personal data. These include:

  • The right to confirm whether we are processing your personal data and to request a copy of the data we collect, including details on why we collect it and with whom it is shared.
  • The right to request corrections to your data or the deletion of certain personal information.
  • The right to request the transfer of your provided data to another company.
  • The right to opt out of the processing of your personal data for:Targeted advertising,

          a. The sale of personal data,

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

  • The right to be notified in the event of a data breach involving your personal information.

 

Right to Opt Out

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

Definition of Sale

Under Texas law, "sale" is broadly defined beyond just monetary transactions. A "sale" includes any transfer of personal information to a third party in exchange for "monetary consideration."

  • We do not transfer your information to third parties in exchange for money and will not do so. However, we may share certain personal data with third parties for business operations, such as marketing our products and services. If such transfers are interpreted as a "sale," we want to respect your data choices. By opting out, we will refrain from sharing your information with third parties except as explicitly permitted by law.

Potential Impact of Opting Out

  • Opting out may limit your access to marketing materials and other communications you currently receive from us.
  • Some features of our website or services may not function properly if a critical business partner is classified as a "third party" and is unable to comply with Texas law's "processor" requirements.
  • If a transaction requires transferring data to a third party, we may notify you to opt in before proceeding.

 

Minors' Data

  • We do not sell the data of individuals under 16 years of age.
  • We do not intentionally collect data from individuals under 13 years of age.

 

Exceptions to the Right to Opt Out

Opting out does not apply in the following cases:

  • Processors: We may transfer your data to "processors" who are contractually obligated to use your information only for specific services (e.g., fraud detection, data security). Such transfers are not classified as "sales" under Texas law.
  • Directed Transfers: If you request a specific transaction or payment method, we will still transfer the necessary data to complete the transaction, even if you have opted out.
  • Internal Use: Opting out does not prevent us from collecting and using your personal data internally for legitimate business purposes.
  • Anonymized Data: Data that has been anonymized or pseudonymized is not considered "personal information" and may still be shared with third parties.

 

Technical Limitations of Opting Out

There are technical challenges in identifying all data linked to you. While we will make reasonable efforts to honor opt-out requests, some limitations include:

  • If we cannot verify that specific data belongs to you, that data may still be "sold" to third parties.
  • Opting out does not unsubscribe you from marketing emails or text messages. To stop receiving such communications, you must follow the designated unsubscribe process.
  • If you have multiple email addresses, each must be opted out separately, as we cannot automatically associate them.

 

How to Make a Request

To opt out of the sale of your personal information, email us at:

📩 welcome@colorfulworldelephantlight.com

  • You do not need an account to submit an opt-out request.
  • If opting out with a different email than the one linked to your account, you must provide the specific email address(es) you wish to opt out.

 

How to Appeal a Decision on Your Request

If we deny your request, we will provide the reason and instructions on how to appeal.

  • Appeals must be submitted within a reasonable period after receiving the initial decision.
  • We will respond in writing within 60 days of receiving your appeal.
  • If the appeal is denied, you have the right to submit a complaint to the Texas Attorney General.

 

MORE ON PRIVACY

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

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