Utah Consumer Privacy Act (UCPA) Rights and Disclosures for Utah Residents

YOUR RIGHTS

At ColorfulWorld, we respect your privacy and recognize your rights under the Utah Consumer Privacy Act (UCPA). As a Utah resident, you are entitled to exercise the following rights regarding your personal data:

  • Right to Access: You may request confirmation of whether we are processing your personal data. Additionally, you may request a copy of your personal data and details regarding its collection, use, and disclosure.
  • Right to Correction and Deletion: You may request that we correct any inaccuracies in your personal data or delete specific portions of it, subject to legal limitations.
  • Right to Data Portability: You may request the transfer of your personal data to another entity, where technically feasible.
  • Right to Opt-Out: You may opt out of the processing of your personal data for targeted advertising, the sale of personal data, and profiling that produces legal or similarly significant effects concerning you (see details below).
  • Right to Notification: You will be notified in the event of a data breach involving your personal information.

 

RIGHT TO OPT-OUT

Under the UCPA, Utah residents have the right to opt out of the “sale” of their personal data to third parties.

Definition of Sale

The term “sale” under the UCPA is defined broadly and may include not only the exchange of data for monetary compensation but also any transfer of personal information to a third party for monetary consideration.

At ColorfulWorld, we do not sell your personal information in exchange for monetary compensation and have no intention of doing so. However, we share personal information with certain third parties to operate our business effectively (e.g., for marketing purposes). It is possible that such transfers may be interpreted as a “sale” under the UCPA. Therefore, if you choose to opt out, we will cease such transfers unless permitted by law.

Impact of Opting Out

Opting out of the sale of your personal data may result in:

  • Limited data sharing: Since the law considers any other business a “third party” unless they accept contractual obligations as a “processor,” we require our partners to enter into such agreements. However, not all businesses may comply. Consequently, opting out may limit our ability to share your data with some business partners.
  • Changes in marketing communications: You may experience changes in the marketing communications and promotional offers you receive from us.
  • Functionality limitations: Certain features of our website or services may not function as expected if a critical business partner does not qualify as a processor and is considered a third party under the law.
  • Transaction-specific notices: If a transaction requires a transfer of data to a third party, we may notify you so you can opt in to proceed with the transaction.

 

MINORS AND DATA PROTECTION

  • We do not sell the data of individuals under the age of 16.
  • We do not collect, process, or retain data from individuals under the age of 13 in compliance with applicable privacy laws.

 

EXCEPTIONS TO THE RIGHT TO OPT-OUT

There are specific exceptions under the UCPA where the right to opt out does not apply:

1.  Transfers to Processors: Transfers to processors are not considered sales under UCPA. A processor is a business contractually bound to use personal information solely for providing services to us. For example, we may share data with partners for fraud detection or security purposes, and such transfers will continue even if you opt out.

2.  User-Directed Transfers: If you instruct us to share your data with a third party (e.g., selecting a preferred payment provider for purchases), we will proceed with the transfer even if you have opted out.

3.  Use of Anonymized Data: Opting out does not affect our ability to collect, process, and share anonymized or pseudonymized data, as such data does not fall under the definition of “personal information” under UCPA.

 

TECHNICAL LIMITATIONS ON OPTING OUT

We take reasonable steps to honor your opt-out request. However, there are technical limitations in our ability to identify and block the sale of certain data:

  • Where we can reasonably determine that data belongs to you, we will prevent its sale to third parties (except as permitted by law).
  • In some cases, we may not be able to associate certain data with you, and as a result, that data may still be sold to third parties despite your opt-out request.

 

OPTING OUT IS NOT THE SAME AS UNSUBSCRIBING

Opting out of the sale of your personal data does not automatically unsubscribe you from marketing communications. If you wish to stop receiving marketing emails:

  • Click the unsubscribe link in any of our emails.
  • To stop receiving SMS/text messages, follow the unsubscribe process specific to the program you opted into.

 

OPTING OUT MULTIPLE EMAIL ADDRESSES

If you wish to opt out multiple email addresses, each address must be submitted separately. We cannot assume that multiple email addresses belong to the same individual unless you provide each one explicitly.

 

MORE ON PRIVACY

We take the security and privacy of your data seriously. To learn more, please review our Privacy Policy.

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