At ConvertKit we do everything in our power to protect the privacy and rights of all individuals.
This article covers everything you need to know about the California Consumer Privacy Act, protecting the rights and privacy of individuals in the state of California.
What it means
California residents have the right to request certain information from businesses subject to the CCPA that collect personal information from you, the right to ask such businesses to delete personal information collected from you (subject to exceptions), the right to opt-out if a business sells your personal information, and the right of non-discrimination if you exercise any of these privacy rights.
What is considered personal information under the CCPA?
The CCPA broadly defines personal information as 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. You can find examples of personal information under the CCPA here.
What businesses are subject to the CCPA?
Under the CCPA, a “business” means:
- A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners that collects consumers’ personal information or on the behalf of which that information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California, and that satisfies one or more of the following thresholds:
- Has annual gross revenues in excess of twenty-five million dollars ($25,000,000), as adjusted pursuant to paragraph (5) of subdivision (a) of Section 1798.185.
- Alone or in combination, annually buys, receives for the business’s commercial purposes, sells, or shares for commercial purposes, alone or in combination, the personal information of 50,000 or more consumers, households, or devices.
- Derives 50 percent or more of its annual revenues from selling consumers’ personal information.
ConvertKit is not considered a business under the CCPA, but rather a “service provider”, as we simply process information on behalf of our customers.
Will ConvertKit help customers who receive access or deletion requests under the CCPA?
Yes, please email all requests to [email protected].
The CCPA says that as a “service provider,” ConvertKit processes information on behalf of businesses and businesses disclose a consumer’s personal information to ConvertKit for a business purpose pursuant to a written contract. Will ConvertKit help customers meet the contract requirement under the CCPA?
Yes, ConvertKit has updated its Data Processing Agreement (“DPA”) to include the requirements of the CCPA. You can fill out a form to sign the DPA here.
What is a “business purpose” under the CCPA?
Under the CCPA, a “business purpose” means the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected. You can find examples of “business purposes” here.
Does ConvertKit sell personal information under the CCPA?