In short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information such as age.
Notice of Collection
Although the information we collect is described in greater detail in Sections 1-6 above, the categories of personal information that we have collected – as described by the CCPA – in the past 12 months are:
- Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
- Customer records, billing and shipping address, and credit or debit card information.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Service.
- Audio or visual data, including pictures or videos you post on our Service.
- Geolocation data, including location enabled services such as WiFi and GPS.
- Employment and education data, including information you provide when you apply for a job with us.
- Inferences, including information about your interests, preferences and favorites.
For more information on our collection practices, including the sources we receive information from, please review the different forms of information collected through various means as described in more detail in Sections 1 – 6 above. We collect and use these categories of personal information for the business purposes also described in Sections 1 – 6, as well as our sharing practices described in Section 7.
Right to Know and Delete
If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
To exercise any of these rights, please submit a request through our online form or email us at PHIL@PROSPERITYWITHPHIL.COM. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days.
We have a duty as the holder of certain personal information to verify your identity when making requests to know or delete personal information and to ensure that dissemination of that information would not cause harm to you if it were distributed to another person.
To verify your identity, we will request and collect additional personal information from you to match it against our records. We may ask for additional information or documentation if we feel it is necessary to confirm your identity with the necessary degree of certainty. We may communicate with you through email, a secure message center, or other reasonably necessary and appropriate means.
We do have the right to deny requests under certain circumstances. In such cases, we will notify you of the reasons for denial. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks. In no event will we disclose, if we have collected it, your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.
Right to Opt-Out
To the extent we sell your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out of by clicking Do Not Sell My Personal Information. You may also submit a request to opt-out by emailing us at PHIL@PHILSMARKETINGHELP.COM.
Authorized Agent
You may submit a request through a designated agent. You must instruct that agent that they will need to state that they are acting on your behalf when making the request, have reasonably necessary documentation, and be prepared to provide the necessary personal information to identify you in our database.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
Financial Incentives
Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them.
We may offer discounted prices to consumers who sign up to be on our mailing lists or join our loyalty programs. Such programs will have additional terms that require your review and agreement. Please review those terms for the details of those programs, how to withdraw or cancel, or to assert your rights specific to those programs.
We generally do not treat consumers differently if they exercise a right under California law. However, in certain circumstances, discounted prices will require you to be on our mailing list or a member of our loyalty program. In such circumstances, we may offer a price difference because the price is reasonably related to the value of your data. The value of your data will be explained in the terms of such incentivized programs.
Shine the Light
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing.
To exercise a Shine the Light request, please contact us at PHIL@PROSPERITYWITHPHIL.COM or WWW.PHILSMARKETINGHELP.COM c/o Legal Department , 24 HAYWARD COURT TE PUKE NEW ZEALAND. You must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. Please note that we will not accept inquiries via the telephone, email, or by facsimile, and we are not responsible for notices that are not labelled or sent properly, or that do not have complete information.
Important Information for Nevada Residents - Your Nevada Privacy Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here or email us at PHIL@PHILSMARKETINGHELP.COM with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.