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CCPA/CPRA Policy

Privacy Policy for California Residents

Effective Date: December 20, 2023

This Privacy Policy for California Residents supplements the information contained in Manic Panic N.Y.C., Inc. (“Manic Panic” or “we”) Privacy Policy | Tish & Snooky's Manic Panic and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) California Privacy Rights Act (CPRA) and other California privacy laws, and any terms defined in the CCPA/CPRA have the same meaning when used in this notice.

 

Information We Collect

Manic Panic has collected the following categories of personal information from its consumers within the last twelve (12) months:

 

Category

Examples

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

 

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Personal information does not include publicly available information from government records, deidentified or aggregated consumer information, and information excluded from the CCPA/CPRA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

Manic Panic obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you: Information provided by registering on the Site, subscribing to our newsletter, placing an order, contacting us through the Site or via email, etc.
  • Automatically collected information. When you access our Site, some information is automatically collected in order to ensure the Site’s functionality.
  • Third party sources. We may collect information from third parties to whom you have provided your information, and consented to the sale, rental or transfer thereof (for example, through social media).

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your order and deliver the product or provide the service. We may also save your information to facilitate new product orders or process returns;
  • To provide, support, personalize, and develop our Site, products, and services;
  • To create, maintain, customize, and secure your account with us;
  • To process your requests, purchases, transactions, and prevent transactional fraud;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To provide you with email alerts, promotional offers and other notices concerning our services;
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, our clients and business;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA/CPRA;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Manic Panic’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Manic Panic about our Site users is among the assets transferred.

Manic Panic will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Manic Panic retains personal information only for as long as necessary to provide our services and process your requests, purchases, transactions, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements.

 

Sharing and Selling Personal Information

Manic Panic may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

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

  • Service providers;
  • Data aggregators;
  • Social networking sites;
  • In the event there is a change in the corporate structure of Manic Panic including, without limitation, by merger, consolidation, sale, liquidation, or transfer of substantial assets, we may, in our sole discretion, transfer, sell or assign users’ information collected on and through the Site to one or more affiliated or unaffiliated third parties or successor in interest; and
  • Governmental and/or law enforcement agencies.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales, such as sharing information with ad networks for purposes of showing you customized advertising.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Manic Panic has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category K: Inferences drawn from other personal information.

Sales and Sharing for Cross-Context Behavioral Advertising of Personal Information

In the preceding twelve (12) months, Manic Panic has not sold personal information or shared personal information for cross-context behavioral advertising.

 

Your Rights and Choices

The CCPA/CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA/CPRA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Manic Panic disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you;
  • The categories of sources from which we collected personal information about you;
  • Our business or commercial purpose for collecting or selling that personal information;
  • The categories of third parties with whom we share that personal information; and
  • The specific pieces of personal information we collected about you (also called a data portability request).

Additionally, if we sold or disclosed your personal information for a business purpose, we will provide you with two separate lists disclosing:

  1. The categories of personal information Manic Panic sold to third parties in the preceding twelve (12) months; and
  2. The categories of personal information Manic Panic disclosed for a business purpose to third parties in the preceding twelve (12) months.

Deletion Request Rights

You have the right to request that Manic Panic delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request in compliance with the CCPA/CPRA if retaining the information is necessary for us or our service provider(s) to, among others: complete the transaction for which we collected the personal information, provide a good or service that you requested or take actions reasonably anticipated within the context of our ongoing business relationship with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; comply with a legal obligation; or make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Right to Correct Inaccurate Personal Data

You may update or correct your personal information free of charge. We may ask that you identify yourself and the information you wish to change for security purposes. 

 

Exercising Access, Data Portability, Deletion and Rectification Rights

To exercise the access, data portability, deletion and rectification rights described above, please submit a verifiable consumer request to us by:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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 requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to 45 days), we will inform you of the reason and extension period in writing within the initial forty-five (45) days after receipt of the verifiable consumer request.

If you have an account with us, our written response to your verifiable consumer request will be delivered through such account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  For data portability requests, we will select a format that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Any disclosures we provide pursuant to a verifiable consumer request will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt.  If applicable, our response will also explain the reasons we cannot comply with your request.  

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

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA/CPRA rights. Unless permitted by the CCPA/CPRA, we will not:

  • Deny you goods or services;
  • 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; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Notice of Financial Incentive

This Notice is to provide you with information regarding any financial incentive or “price or service difference” that we may provide in exchange for your personal information.

In order to receive discounts when you first sign up for our marketing communications, you may provide personal information from time to time, including your phone number and email address, in exchange for discounts or other financial incentive, or price or service difference, the amount or nature of which will be specified in each instance at the time the personal information is to be submitted.  To receive the financial incentive or price difference, you will be asked to register to our newsletter or sign up for our texts. You can opt into the financial incentive or price or service difference by submitting the personal information requested when registering to our newsletter or subscribing to receive our texts.  If you wish to opt-out of the financial incentive or price or service difference, do not submit your personal information.  If you wish to withdraw from the financial incentive or price difference, please visit NAI Consumer Opt Out (networkadvertising.org).

Each financial incentive or price or service difference related to submission and use of consumer personal information is based upon our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, the type of personal information collected in each program and uses thereof, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA.

 

Other California Privacy Rights

Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or by telephone at (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

 

Changes to Our California Privacy Notice

Manic Panic reserves the right to amend this privacy notice at its discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice’s effective date.

 

Contact Information

If you have any questions or comments about this notice, the ways in which Manic Panic collects and uses your information described below and in the Privacy Policy, Privacy Policy | Tish & Snooky's Manic Panic your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

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