The California Consumer Privacy Act (CCPA) is a California law that was passed in June 2018. Like GDPR in Europe, the CCPA gives California residents more control over their personal information. If your website is available to California residents or you are involved in the sale of California residents’ personal information, then this law likely applies to you. The following sections are available to help you understand your obligations under the CCPA and to help you use SmartrMail accordingly. 

This is not legal advice, so if you have any further questions, then consult a local lawyer or privacy professional.

When does the CCPA goes into effect?

The California legislature passed the CCPA in June 2018. Businesses that are subject to the law must comply by January 1, 2020.

From January 1, 2020, consumers have the right to request information about where their personal information has been sold or disclosed for the previous 12 months.

Who does the CCPA affect?

Not all SmartrMail are subject to the CCPA. The CCPA only applies to businesses that collect personal information of California residents, and that meet one of the following conditions:

  • Have an annual gross revenue of more than $25 million USD.
  • Annually buy, sell, receive for commercial purposes, or share for commercial purposes the personal information of 50,000 or more California consumers, households, or devices.
  • Derive 50% or more of their annual revenue from selling California consumers’ personal information.

If your business does not have a physical presence in California or if your don't sell to California residents, then the CCPA does not apply to you.

Certain requirements, such as the obligation to offer opting out of sale of personal information, apply only if you sell personal information of California consumers. SmartrMail does not believe you sell the data you collect via our service, but if you do and the CCPA affects you please consult a local lawyer or privacy professional.

SmartrMail's position on the sale of personal data

SmartrMail does not believe that it sells consumer personal information under the CCPA. To provide our services, we may share information with other service providers. However these service providers are bound by contract to perform only the services requested, and prevented from using the information for their own purposes or sharing it any further. 

Because SmartrMail does not believe that it sells personal information, it's not necessary for you to opt out of the sale of your or your customers' personal information.

How does the CCPA affect my use of SmartrMail?

If the CCPA applies to your store and you use SmartrMail, you may be required to comply with the Individual Rights under the CCPA. Customers have the right to request:

  • You delete all the personal data you have collected on them
  • You provide a copy of all the personal data you have collected on the customer

SmartrMail has built in features to enable you to comply with these requests.

How do I provide subscribers with a copy of their personal data?

Should a subscriber request a copy of all the personal data you hold about them, you will need to also provide them with information stored on SmartrMail’s systems. 

In order do you this, you simply need to go to your ‘Subscribers’ page on your SmartrMail account and search for the subscriber who has requested their data. Enter their profile page and export the subscriber

You will receive a csv file that contains all the personal information SmartrMail holds on this subscriber. Simply pass the CSV on to the subscriber.

How do I delete my subscriber’s personal data on request?

Deleting a subscriber’s personal data held with SmartrMail has been made simple, as now that whenever you delete a subscriber, all their personal data is erased from SmartrMail’s systems. 

In order to delete a subscriber, simply go to the ‘Customers’ tab up the top of your SmartrMail account, and then search for the subscriber’s email in the search field in the upper right of the screen. By clicking on the relevant email, you will be sent to that subscriber’s info page where you’ll find a ‘Delete’ button in the upper right. Clicking on this will remove the user from the mailing list and erase all of their personal data stored on SmartrMail’s systems too. Subscribers will also have the ability to delete all their personal information automatically after unsubscribing from emails.

More Resources

California Justice Department - CCPA Factsheet
Shopify - CCPA Whitepaper

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