ADDITIONAL STATE PRIVACY LAWS
Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of “covered information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number,
Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity;
however, if you are a Nevada resident who has purchased services from or performed services for us, you may submit a request to opt out of any potential
future sales under Nevada law by emailing us at privacy@influential.co. Please note we will take reasonable steps to verify your identity and the authenticity
of the request. Once verified, we will maintain your request in the event our practices change.
California Residents
Effective: January 1, 2023If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100-1798.199 (“CCPA”), California Privacy Rights Act of 2020 (“CPRA”) and other applicable California state privacy laws. Beginning January 1, 2020, the CCPA gives you certain rights with respect to the processing of your personal data (known as “personal information”, as described under the CCPA). Beginning January 1, 2023, the CPRA amends CCPA and gives you certain rights with respect to the processing of your personal information as described under the CPRA.
This supplement provides additional privacy disclosures and informs you of your additional rights as a California resident, and should be read in conjunction with our PRIVACY POLICY, which describes what information we collect and how we use it.
Consumer Rights under CCPA and CPRA
- Right to Request Disclosure of Personal Information Collected (Right of Access). A consumer shall have the right to request that a business that collects a consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. (CCPA 1798.100(a), 1798.110(c)(5) and 1798.130(a)(5)(A)) (CPRA)
- Right of Rectification. The right for a consumer to request that the incorrect or outdated personal information be corrected but not deleted. (CPRA)
- Right to Request Deletion. A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer unless exceptions apply. (CCPA 1798.105(a))(CPRA)
- Right of Restriction. The right for a consumer to restrict a business’s ability to process personal information (i.e., sensitive information that reveals an individual’s government ID, finances, geolocation, race, religion, and union membership, consumer’s private communications, genetics, biometrics, consumer’s health, sexual orientation ) about the consumer. (CPRA)
- Right to Request Disclosure of Personal Information Collected, Sources, Purposes for Collection or Sale and Third Parties with whom Shared (Right of Access). A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following:
- The categories of personal information it has collected about that consumer in the preceding 12 months.
- The categories of sources from which the personal information is collected.
- The business or commercial purpose for collecting or selling personal information.
- The categories of third parties with whom the business shares personal information.
- The specific pieces of personal information it has collected about that consumer.
(CCPA 1798.110(a)-(b) and 1798.130(a)(3))(CPRA)
- Right to Request Disclosure of Personal Information Collected, Sold and Disclosed and Third Parties to whom Sold (Right of Access). A consumer shall have the right to request that a business that sells the consumer's personal information, or that discloses it for a business purpose, disclose to that consumer:
- The categories of personal information that the business collected about the consumer.
- The categories of personal information that the business sold about the consumer in the preceding 12 months and the categories of third parties to whom the personal information was sold in the preceding 12 months, by category or categories of personal information for each category of third parties to whom the personal information was sold.
- The categories of personal information that the business disclosed about the consumer for a business purpose in the preceding 12 months.
(CCPA 1798.115(a)-(b) and 1798.130(a)(4))(CPRA)
- Right of Portability. The right for a consumer to request personal information about the consumer be disclosed in a common file format. (CCPA, CPRA)
- Right to opt-out of sales. The right for a consumer to opt out of the sale of personal information about the consumer to third parties. (CCPA, CPRA)
- Right Against Automated Decisionmaking. A prohibition against a business making decisions about a consumer based solely on an automated process without human input. (CPRA)
- Private Right of Action. The right for a consumer to seek civil damages from a business for certain violations of the statute.
Business Obligations under CCPA and CPRA
- Opt-In Default (Requirement Age). A restriction placed on a business to treat consumers under a certain age (here, age 16) with an opt-in default for the sale of their personal information. (CCPA, CPRA)
- Notice/Transparency Requirement. An obligation placed on a business to provide notice to consumers about certain data practices, privacy obligations and/or privacy programs. (CCPA, CPRA).
- Risk Assessments. An obligation placed on a business to conduct formal risk assessments of privacy and/or security projects and or procedures (CPRA)
- Prohibition on Discrimination (Exercising Rights)/Right of Non-Discrimination. A business shall not discriminate against a consumer because the consumer exercised any of the consumer's rights under this title, including, but not limited to, by:
- Denying goods or services to the consumer.
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services to the consumer.
- Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
(CCPA 1798.125(a))(CPRA)
- Purpose/Process Limitation. Prohibits the collecting/processing of personal information except for a specific purpose (CCPA, CPRA)
To exercise your “right to know,” your “right to request deletion,” or any other right under the CCPA and CPRA, contact us as specified in Section 11 of our PRIVACY POLICY.
Please note that to protect your information and the integrity of our Service, we may need to verify your identity before processing your request. In some cases we may need to collect additional information to verify your identity, such as a government issued ID.
Under the CCPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
Virginia Residents
If you are a Virginia resident, the processing of certain personal data about you may be subject to the Virginia Consumer Data Protection Act of 2021, Chapter 53 Section 59.1-575 (“VCDPA”) and other applicable Virginia state privacy laws. Beginning January 1, 2023, the VCDPA gives you certain rights with respect to the processing of your personal data.
This supplement provides additional privacy disclosures and informs you of your additional rights as a Virginia resident, and should be read in conjunction with our PRIVACY POLICY, which describes what information we collect and how we use it.
Consumer Rights under VCDPA
- Right of Access. A consumer shall have the right to confirm whether a controller is processing the consumer's personal data, the categories of personal data, the categories of personal data shared with third parties and with whom by category, the purpose for processing such personal data and to access such personal data.
- Right of Rectification. The right for a consumer to correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.
- Right of Deletion. A consumer shall have the right to request to delete personal data provided by or obtained about the consumer.
- Right of Restriction. Obtain consumer consent before processing sensitive data, or, with regards to known children, process such data in accordance with the federal Children’s Online Privacy Protection Act. Sensitive data includes genetic data, biometric data, mental health diagnoses, physical health diagnoses, citizenship status, immigration status, and personal data collected from a known child.
- Right of Portability. The consumer has a right to obtain a copy of the consumer's personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
- Right to Opt-Out. The right for a consumer to opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
To exercise your “right to know,” your “right to request deletion,” or any other right under the VCDPA, contact us as specified in Section 11 of our PRIVACY POLICY.
In addition, except as otherwise provided under VCDPA, we shall comply with a request by a consumer to exercise the consumer rights authorized as follows:
- We shall respond to you without undue delay, but in all cases within 45 days of receipt of the request submitted pursuant to the methods described here. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests, so long as we inform you of any such extension within the initial 45-day response period, together with the reason for the extension.
- If we decline to take action regarding your request, we shall inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision.
- Information provided in response to your request shall be provided by us to you free of charge, up to twice annually. If requests from you are manifestly unfounded, excessive, or repetitive, we may charge you a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. We bear the burden of demonstrating the manifestly unfounded, excessive, or repetitive nature of the request.
- If we are unable to authenticate the request using commercially reasonable efforts, we shall not be required to comply with a request to initiate an action under here and may request that you provide additional information reasonably necessary to authenticate you and your request.
- Where we have obtained personal data about you from a source other than from you, we shall be deemed in compliance with your request to delete such data pursuant by either (i) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring your personal data remains deleted from our records and not using such retained data for any other purpose or (ii) opting you out of the processing of such personal data for any purpose except for those exempted.
- We have established a process for your appeal to our refusal to take action on a request within a reasonable period of time after your receipt of our decision. The appeal process is similar to the process for submitting requests to initiate action pursuant to above. You may appeal our refusal to take action on a request after receipt of our decision by submitting a request to us specifying you would like to appeal our decision. Your parent or legal guardian may invoke your rights on behalf of you regarding the appeal. Within 60 days of receipt of an appeal, we shall inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we shall also provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.
Please note that to protect your information and the integrity of our Service, we may need to verify your identity before processing your request. In some cases we may need to collect additional information to verify your identity, such as a government issued ID.
Under the VCDPA, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity.
Contact for more information.
If you have additional questions about this supplement or how to exercise your rights under the CCPA, please contact us as specified in Section 11 of our PRIVACY POLICY.