CA Privacy Statement

Our Policies

California Privacy Statement

Effective Date: July 25, 2020

This California Privacy Statement (“California Privacy Statement”) supplements the Privacy Statement and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). This California Privacy Statement is intended to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined in this statement will have the same meaning as provided in the CCPA.

Collection and Use of Personal Information

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal information. To the extent this information is stored or associated with personal information, it will be treated as personal information; otherwise, the information is not subject to this statement.

Sources of Personal Information

We collect personal information from and about you from the following sources:

  1. Information Provided By You. This occurs when you provide information to us directly.
  2. Information Provided Automatically. This occurs automatically through logging and analytics tools, cookies, and as a result of your use of and access to the Services.
  3. Information Obtained From Third Parties. This information is obtained from third-party sources, including services providers such as Woo Commerce, Stripe, and Google, and through your interactions with us on social media websites.

Use of Personal Information

We collect and process your personal information for our business purposes, which include the following:

  1. Providing you with information tailored to your requests, responding to inquiries, and delivering services and products.
  2. Operating, maintaining, and improving the quality of the Services and content, products and/or services we may make available through the Services.
  3. Communicating with you by email and push notifications, in each case with your consent if your consent is required in accordance with applicable laws or software platforms, about products, services, order status, and other topics.
  4. For marketing purposes, including sending you messages about us, our partners, and the products and services we offer, which may from time to time include contests, rewards, events, and special offers for products and services.
  5. Compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies.
  6. Endeavoring to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
  7. For other purposes, as permitted or required by law.

We will not use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

Sharing of Personal Information

We share personal information with the following categories of third parties:

  1. Service Providers. We disclose personal information to our service providers to allow them to provide services to us and assist in carrying out your requests and our Services.
  2. Our Partners. We disclose personal information to our partners in aggregate, demographic form in connection with our marketing and business development efforts.
  3. Third Parties. We disclose personal information to third parties when you ask us to do so; when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others. 

Your California Privacy Rights

California Civil Code Section 1798.83, referred to as the “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge.

We do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

In addition, the CCPA provides California residents with the following rights:

  1. Right to Know. You have the right to request that we disclose certain information to you about the personal information we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
  • The categories of personal information collected about you.
  • The categories of sources from which we collected your personal information.
  • The categories of personal information that we have sold or disclosed about you for a business purpose.
  • The categories of third parties to whom your personal information was disclosed for a business purpose.
  • Our business or commercial purpose for collecting or selling your personal information.
  • The specific pieces of personal information we have collected about you.
  1. Data Portability. You have the right to request a copy of personal information we hold about you.
  1. Right to Deletion: You have the right to request that we delete the personal information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:
  • 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 our ongoing business relationship with you, or otherwise perform a contract between our business and you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality.
  • 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.
  • 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.
  • 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 deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Otherwise use the personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
  1. Right to Opt-In to Financial Incentives. Del Creates does not currently utilize a loyalty or financial incentive program of any kind. 
  2. Right to Opt-Out/In. You have the right to opt-in to financial incentives. You also have the right to opt-out of financial incentives at any time. At this time, Del Creates does not utilize or offer a loyalty or financial incentive program of any kind.
  1. Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
  • Deny you goods or services based on discriminatory reasons
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
  • Provide you a different level or quality of goods or services
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

Some of our Services, however, may require your personal information. If you choose not to provide your personal information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as described in the section captioned “Your Choices” in the “Privacy Statement” it is possible to change your browser settings to block the automatic collection of certain information.

Submitting a Verified Consumer Request

To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.

To exercise your California privacy rights described above, please submit a verifiable request to us by emailing us at [email protected] and note in the subject line: Exercise of California Privacy Rights.

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative for that person. Given the sensitivity of your personal information that we collect and retain, we will need to verify your identity with at least 2 pieces of information, such as Name, Address or Customer Email.
  2. Describe your request with sufficient detail that will allow us to properly understand, evaluate, and respond to your request.
  3. Provide evidence that you are a California resident.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If an authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to [email protected], along with the items below:

  1. To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
  2. To verify your identity, provide evidence of your identity.
  3. To verify the identity of the California resident for whom the request is being made, provide the information set forth above for the verification of the consumer request. 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  We will only use personal information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) days after we receive your request. We will respond to a verifiable consumer request within forty-five (45) days after we receive your request. If we require more time (up to 90 days), we will inform you of the reason why we need more time and how much more time we need in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily usable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Sale of Personal Information

We do not sell personal information to third parties for money. However, the CCPA defines “sale” broadly, and that definition could include information that we have shared with our service providers and certain technology providers. Our site is new and we have not collected any information in the past twelve months. Additionally, we do not and will not knowingly sell the personal information of minors under the age of 16 without affirmative authorization.

Do Not Track

We use analytics systems and providers and may choose to participate in ad networks that process personal information about your online activities over time and across third party websites or online services. We do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personal information about your online activities over time and across third party websites. 

Note, however, that you may find information about how to opt out of Google Analytics and/or block or reject certain tracking technologies in our “Cookie Policy”.

Modifications and Updates to this California Privacy Statement

We reserve the right, at any time, to modify, alter, and/or update this California Privacy Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Privacy Statement. Your continued use of the Services following our posting of any revised California Privacy Statement will constitute your acknowledgement of and agreement with the amended California Privacy Statement.

Additional Information and Assistance

If you have any questions or complaints about this California Privacy Statement and/or how we process personal information, or if you would like to exercise any of the rights set forth in this California Privacy Statement, please contact us at: [email protected] and include in the subject line: Exercise of California Privacy Rights