Virginia Consumer Data Protection Act (VCDPA) Policy for Virginia Residents


Your Rights as a Virginia Resident

At ColorfulWorld, we respect your privacy and your right to control your personal data. As a Virginia resident, you are entitled to the following rights under the Virginia Consumer Data Protection Act (VCDPA):

  • Right to Access: You have the right to confirm whether we are processing your personal data. You may request a copy of your data, as well as details regarding what we collect, why we collect it, and with whom we share it.
  • Right to Correction and Deletion: You may request corrections to inaccurate personal data or request the deletion of certain personal data.
  • Right to Data Portability: You may request that we transfer the personal data you provided to us to another company.
  • 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 in furtherance of decisions that produce legal or similarly significant effects concerning you (refer to the Opt-Out section below for further details).

 

Right to Opt-Out

Opting Out of the "Sale" of Your Personal Information

Under VCDPA, Virginia residents have the right to opt out of the "sale" of their personal information to "third parties."

  • Definition of "Sale": The term "sale" is broadly defined under the law. It does not only include exchanging personal data for money but also covers any transfer of personal information to a "third party" in exchange for "monetary consideration."
  • Our Policy on Data Transfers: We do not transfer your personal information to third parties in exchange for money, nor do we intend to. However, to operate our business (e.g., for marketing our products and services), we may share personal information with certain third parties. This could be interpreted as a "sale" under the VCDPA.
  • What Happens When You Opt Out?: If you opt out, we will not transfer your personal data to any "third party," except as permitted by law and explained below.

 

Potential Impacts of Opting Out

Opting out may impact your experience with us in ways you may not anticipate:

  • Marketing & Communication Limitations: Many of our business partners process data on our behalf under strict agreements. However, not all partners may be able to comply with these requirements. Consequently, opting out may prevent you from receiving certain marketing messages and information from us.
  • Feature Limitations: Some website features or services may not function properly if we are unable to transfer necessary data to our partners.
  • Transaction Approvals: If a transaction requires data transfer to a third party, we may notify you to opt in if you wish to proceed.

 

Special Considerations for Minors

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

 

Exceptions to the Opt-Out Right

The law provides several exceptions that allow us to continue processing your data in specific situations:

  • Transfers to "Processors": We may transfer your data to a processor even if you opt out. Processors are businesses that agree to use your information only to provide services specified in our contract. For example, we may share data with processors to ensure data security and detect fraud.
  • User-Directed Transfers: If you instruct us to transfer your data to a third party (e.g., a payment provider for an order), we will proceed with the transfer despite your opt-out status.
  • Internal Data Processing: Opting out does not prevent us from collecting and processing your personal data for our internal use. Additionally, we utilize anonymization and pseudonymization techniques to protect your data. Such data is not classified as "personal information" under the VCDPA and may still be shared with third parties.

 

Technical Limitations on Opting Out

We strive to honor your opt-out request but recognize certain technical limitations:

  • If we can reasonably identify that certain data belongs to you, we will honor your opt-out request and refrain from "selling" it to third parties.
  • However, in some cases, we may not be able to identify all data related to you, and such unidentified data may still be transferred.

 

Opting Out vs. Unsubscribing

  • Opting out of data "sales" does not mean unsubscribing from marketing communications. If you wish to stop receiving emails or text messages, please use the unsubscribe link in our emails or follow the opt-out instructions for SMS programs.
  • If you wish to opt out multiple email addresses, you must submit each email address separately, as we may not have a way to automatically link them together.

 

More on Privacy

We prioritize the security and privacy of your data. For more details, please review our Privacy Policy. If you have any questions regarding your rights under the Virginia Consumer Data Protection Act (VCDPA) or wish to submit a request, feel free to contact us at welcome@colorfulworldelephantlight.com.