CALIFORNIA USERS: YOUR CALIFORNIA PRIVACY RIGHTS

California Shine the Light Law

California Civil Code Section 1798.83, known as the Shine the Light Law, requires us to disclose that California customers may request information concerning whether a business has disclosed personal data (as defined in the Shine the Light law) to any third parties for their direct marketing purposes. We do not disclose your personal data (as defined in the Shine the Light law) to non-affiliated companies for their direct marketing purposes without your consent.

California Consumer Privacy Act

Under the California Consumer Privacy Act (“CCPA”), California Civil Code sections 1798.100-1798.199, California residents have specific rights related to the information we collect or maintain about you. The rights of California residents pursuant to the CCPA are further described below. This California specific portion of the Privacy Policy was last updated on June 26, 2020. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

1. Notice of Collection.

We may collect information about consumers in following categories of personal data that identifies, relates to, describes, or is capable of being associated with a particular individual, as defined by the California Consumer Privacy Act. We may use this information we collect for the business or commercial purposes described below. Over the past 12 months we have collected such information from the following sources, for the following business or commercial purposes, and have shared that inf-ormation with the following categories of third parties.

  • Categories of Information
  • Sources from which we collected this information
  • Business Purposes for which we collect this information.
  • Third parties with whom we shared this information with.
  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number, driver’s license number, passport number, or other similar identifiers such as signature and physical characteristics
  • We collect this information directly from consumers when they interact with our website, including when consumers create an account and/or place an order.
  • To create a consumer account. To complete a transaction with a consumer. To market to our products and services to consumers. To respond to consumer inquires. To respond to warranty claims or customer service inquires.

  • We share this information with email marketing services.

    We share this with a fraud protection service.

    We share this with FedEx & USPS.

  • Financial information, such as credit card or other payment information;
  • When a customer uses a credit card, we keep a record of the last 4 digits of the credit card. We also keep a record of the credit card type used (Visa, MasterCard, etc.)
  • This information used create a consumer account, or to complete a transaction. We also use this information in the context of fraud prevention.
  • We share this information with fraud prevention services.
  • Characteristics of protected classifications under state or federal law, such as age or gender
  • We collect this information when a customer provides his/her age and birthdate.
  • To verify the customer is over the age of 18. To gain insight into the characteristics, interests, and behaviors of consumers. To market to our products and services to consumers.
  • We share this information with email marketing services.
  • Commercial Information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
  • We collect this information when a customer interacts with our website, including when a customer makes a purchase; views a page on our website; searches on our website; and adds products added his/her cart.
  • To gain insight into the characteristics, interests, and behaviors of consumers. To market to our products and services to consumers.
  • We share this information with email marketing services.
  • Internet or electronic network activity information, information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
  • We collect this information when a customer interacts with our website, including when a customer makes a purchase; views a page on our website; searches on our website; and adds products added his/her cart.
  • To gain insight into the characteristics, interests, and behaviors of consumers. To market to our products and services to consumers.
  • We share this information with email marketing services.
  • Geolocation data
  • We collect this information when a customer makes a purchase.
  • We use this information to verify the order is not fraudulent.
  • We share this information with fraud prevention services.
  • Professional or employment related information
  • We collect this information when a customer provides it to us.
  • To gain insight into the characteristics, interests, and behaviors of consumers. To market to our products and services to consumers.
  • We do not share this information.
  • Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
  • We collect this information directly from customers, automatically from customers’ use of our products, services, and website, including when customers create accounts, make purchases, and navigate to various pages on our website.
  • To gain insight into the characteristics, interests, and behaviors of consumers. To market to our products and services to consumers.
  • We share this information with email marketing services.

We may also use any of the information we collect from consumers in order to:

  • Provide customer service and technical assistance and respond to questions related to our products and services;
  • Conduct internal research and development and make business decisions about current and future product and service offerings;
  • Debug and repair errors in our products and services and other activities to maintain and improve the quality and safety of our products and services;
  • Cooperate with law enforcement and protect the rights, interests, safety or property of us or our customers, service providers and other third parties;
  • Comply with and enforce applicable legal and regulatory obligations, and respond to governmental requests;
  • Enforce our policies, terms and conditions, or other agreements; and
  • Defend against or pursue claims, disputes, or litigation – in court or elsewhere.
  • We may disclose or transfer personal data about consumers as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which case the personal data could be transferred to third parties as a business asset in the transaction – subject to the terms of this privacy policy.

2. Your Right to Know About Personal Information Collected or Disclosed

  1. Your Right to Request Information. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you. You may make a request for this information twice within a 12-month period. You may request any or all of the following: The categories your personal information we has collected about you in the preceding 12 months; the categories of sources from which the personal information has been collected about you in the preceding 12 months; the business or commercial purpose for collecting or selling your personal information in the preceding 12 months; the categories of third parties with whom we have shared your personal information in the preceding 12 months; the categories of your personal information that we sold and the categories of third parties to whom the personal information was sold in the preceding 12 months, listed by category or categories of personal information for each third party to whom your personal information was sold; the categories of your personal information that we disclosed for a business purpose in the preceding 12 months; and/or the specific pieces of personal information we have collected about you.
  2. Instructions for Requesting Information. In order to make a request for information pursuant to this section please fill out the form on CalExotics. You can submit the form online or print it out and submit it at any [name of company’s brick and mortar stores if you have one]. You may also request information by calling us toll-free at (888)227-1336 , emailing us at optout@Calexotics.com, or contacting us via postal mail at the following address:

CalExotics
C/O: CCPA
PO Box 1455
East Francis Street
Ontario, Ca 91761

In your request, state what information you are requesting. Please provide us with an email address for us to contract you at. If you do not have an email address, please provide a telephone number, and/or postal mailing address for us to contact you at.

Verification Process. To process requests about categories of information about you, we require that you provide at least two pieces of personal information that match the personal information we maintain about you. For example, if we maintain your name and a credit card number we may request that you provide us with your credit card’s security code and that you identify a recent purchase in order to verify your identity. For requests about specific pieces of information about you, we require you provide us with three pieces of personal information that match the personal information we maintain about you. For example, we may ask you to provide your credit card’s security code, ask you to provide your account user name, and ask you to identify a recent purchase in order to verify your identity. In addition, we will require that you provide us with a signed and notarized declaration under the penalty of perjury stating that you are the person whose records you are requesting.

3. Disclosure or Sale of Personal Information

We have not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. We do not knowingly collect nor sell the personal information of minors under 18 years of age.

4. Your Right to Know About Personal Information Collected or Disclosed

  1. Your Right to Delete Information. You have the right to request that we delete any personal information about you which we have collected from you or which we maintain that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with you or your household. We are not required to comply with a request to delete the personal information if it is necessary us to maintain your personal information in order to: Instructions for Requesting Information. In order to make a request for information pursuant to this section please fill out the form on CalExotics. You can submit the form online or print it out and submit it at any [name of company’s brick and mortar stores if you have one]. You may also request information by calling us toll-free at (888)227-1336 , emailing us at optout@Calexotics.com, or contacting us via postal mail at the following address:
  2. Complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of a business’s ongoing business relationship with you, or otherwise perform a contract between you and us.
  3. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity
  4. Debug to identify and repair errors that impair existing intended functionality.
  5. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  6. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  7. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  8. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on your relationship with the business.
  9. Comply with a legal obligation.
  10. Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
  11. Instructions for Requesting Your Information be Deleted. In order to make a request to delete personal information pursuant to this section please fill out the form on CalExotics. You may also request your information be deleted by calling us toll-free at (888)227-1336 , emailing us at optout@Calexotics.com, or contacting us via postal mail at the following address:

CalExotics
C/O: CCPA
PO Box 1455
East Francis Street
Ontario, Ca 91761

In your request, specify what information you are requesting be deleted or state that you are requesting all information we have collected or maintain about you be deleted. Please provide us with an email address to contact you at. If you do not have an email address, please provide either a telephone number and/or postal mailing address to contact you.

Verification Process. Requests will be verified in one of two ways depending upon our good faith belief as to the harm unauthorized deletion of this information may pose to you. For requests to delete that pose a low risk of harm to you should the deletion be unauthorized, for example a deletion of your browsing history on our website, we will require that you provide at least two pieces of personal information that match the personal information we maintain about you. For example, if we maintain your name and credit card number we may request you provide us with your credit card’s security code and identify a recent purchase in order to verify your identity.

For requests which pose a high risk of harm to you should the deletion be unauthorized, for example the deletion of your customer account, we will require you provide us with three pieces of personal information that match the personal information we maintain about you. For example, we may request your credit card’s security code, your account user name, and that you identify a recent purchase in order to verify your identity. In addition, we will require that you provide us with a signed and notarized declaration from under the penalty of perjury stating that you are the person whose records you seek to delete.

5. Right to Opt-Out of the Sale of Personal Information.

We do not provide a mechanism for opting-out of the sale of your personal information because do not, and will not, sell personal information we collect. If we decide to sell personal information in the future, we will provide a notice of right to opt-out in this privacy policy. We do not, and will not, sell personal information collected during the time period during which a notice of opt-out is not posted.

6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you because you have exercised any of your consumer’s rights, including, but not limited to:

  1. Denying goods or services to you;
  2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  3. Providing a different level or quality of goods or services to you; and/or
  4. Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

7.Authorized Agent

You may designate an authorized agent to make a request under the California Consumer Protection Act by providing the authorized agent written permission to do so or when you have provided the authorized agent power of attorney pursuant to Probate Code sections 4000 to 4465. We will require the authorized agent to submit proof that they have been authorized by you to act on their behalf, and, except in cases where you have provided the authorized agent power of attorney, we may require that you verify your identity with us.

8. Notice of Financial Incentive.

We do not currently offer financial incentives or price or service differences online to consumer in exchange for the retention and/or sale of their information.

9. Exceptions

We may aggregate and/or de-identify your information so that the information no longer relates to you individually. Our use and disclosure of such aggregated or de-identified information is not subject to this Privacy Policy, and may be disclosed to others without limitation and for any purpose.

10. Consumers with disabiltiies

California consumers with disabilities my conct us by phone at (888)227-1336 or email us at optout@Calexotics.com for information on how to access this notice in an alternative format.

11. Contact Us

If you have any questions or concerns about any aspect of this Privacy Policy or our privacy practices, or if you would like to exercise the choices discussed above, please contact us at the address set forth below, fill out this form, or email us at optout@Calexotics.com:

CalExotics
C/O: CCPA
PO Box 1455
East Francis Street
Ontario, Ca 91761