CALIFORNIA CONSUMER PROTECTION ACT (“CCPA”)
Effective Date: January 1, 2020
Notice Version: 1.0
Data Controller Contact Information
Kathleen Daniels, dba KD Realty
This document governs the privacy notice of our website https://ExclusiveSanJoseHomes.com. Our privacy notice tells you what personal data and nonpersonal data we may collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
‘NONPERSONAL DATA’ (NPD) is information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. (GDPR) means General Data Protection Regulation.
Topics Covered in Our Privacy Notice
INFORMATION WE COLLECT AND HOW WE COLLECT IT
HOW YOUR INFORMATION IS USED AND SHARED
RETAINING AND DESTROYING YOUR PD
UPDATING YOUR PD
REVOKING YOUR CONSENT FOR USING YOUR PD
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
DO NOT TRACK SETTINGS
LINKS TO OTHER WEBSITES
PROTECTING CHILDREN’S PRIVACY
OUR EMAIL POLICY
OUR SECURITY POLICY
USE OF YOUR CREDIT CARD
TRANSFERRING PD FROM THE EUROPEAN UNION
CHANGES TO OUR PRIVACY NOTICE
Contact us using the information at the top of this privacy notice to exercise any of your legal rights contained within this privacy notice.
You Have the Right Not to Have Your Personal Information Sold
You have the right to request that we do not sell any of your personal information.
Personal information for this section means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted: social security number, driver’s license number, driver authorization card number, or identification card number. Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account. A medical identification number or a health insurance identification number. A username, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account.
If you wish to make this request, please contact us telling us that you do not want to have any of your personal information sold. Please include enough personal information so that we can reasonably verify your identification. We will respond to your request within 60 days after receiving it.
Your Rights Under the GDPR
When using our services and submitting PD to us, you may have certain rights under the GDPR if you reside or are in any of the countries of the European Union. Depending on the legal basis for processing your PD you may have some or all of the following rights:
- The Right to Be Informed – You have the right to be informed about the PD that we collect from you and how we process them.
- The Right of Access – You have the right to get confirmation that your PD is being processed and you have the ability to access your PD.
- The Right to Rectification – You have the right to have your PD corrected if they are inaccurate or incomplete.
- The Right to Erasure (Right to Be Forgotten) – You have the right to request the removal or deletion of your PD if there is no compelling reason for us to continue processing them.
- The Right to Restrict Processing – You have the right to ‘block’ or restrict the processing of your PD. When your PD are restricted, we are permitted to store your data, but not to process them further.
- The Right to Data Portability – You have the right to request your PD that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request.
- The Right to Object – You have the right to object to us processing your PD for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for purposes of scientific/historical research and statistics
- Rights in relation to automated decision-making and profiling.
- Automated Individual Decision-Making and Profiling – You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
- Filing a Complaint with Authorities – You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Your California Privacy Rights
Californian consumers have certain rights under the California Consumer Privacy Act (CaCPA) AB 375. For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity. These rights include:
- the right of Californians to know what personal information is being collected about them
- the right of Californians to know whether their personal information is sold or disclosed and to whom
- the right of Californians to say no to the sale of their personal information
- the right of Californians to access their personal information
- The right to data portability. Californians have the right to request their personal information that they provided to us and use them for their own purposes. We will provide Californians their personal information within 30 days of their request.
- the right of Californians of the deletion of their personal information
- the right of Californians of equal service, price, and not being discriminated against even if they exercise their privacy rights
- one or more designated means for Californian consumers to submit requests under the CACPA including (at minimum) a toll-free telephone number, and if the business maintains an Internet website, a website address
- the right of Californians to designate an authorized agent to make a request on their behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.
These rights include the right to request what personal information we collect and disclose about consumers.
Personal information includes:
- categories of personal information that a business collected about the consumer
- categories of sources from which the personal information was collected
- specific pieces of personal information that the business has collected about consumers
- categories of third parties with whom the business shares personal information
- the business or commercial purpose of collecting or selling personal information
- categories of personal information sold
- categories of third parties to whom the personal information was sold, by category or categories of personal information sold for each third party to whom the personal information was sold
- categories of personal information disclosed for a business purpose
- categories of personal information that the business sold about the consumer in the preceding 12 months, or a statement that it has not sold any personal information
- categories of personal information about the consumer that the business disclosed for a business purpose in the preceding 12 months, or a statement that it has not disclosed any personal information for business purposes.