Texas Data Privacy and Security Act Rights and Disclosures for Texas Residents


Your Rights

As a Texas resident, you have specific rights regarding your personal data. These include:

  • The right to confirm whether we are processing your personal data and to request a copy of the data we collect, including details on why we collect it and with whom it is shared.
  • The right to request corrections to your data or the deletion of certain personal information.
  • The right to request the transfer of your provided data to another company.
  • The right to opt out of the processing of your personal data for:
    a. Targeted advertising
    b. The sale of personal data
    c. Profiling that produces legal or similarly significant effects
  • The right to be notified in the event of a data breach involving your personal information.

 

Right to Opt Out

Texas residents have the right to opt out of targeted advertising, the sale of personal data, and certain profiling activities under Texas privacy law.

Definition of Sale

Under Texas law, "sale" is broadly defined beyond just monetary transactions. A "sale" includes any transfer of personal information to a third party in exchange for "monetary consideration."

  • We do not transfer your information to third parties in exchange for money and will not do so. However, we may share certain personal data with third parties for business operations, such as marketing our products and services. If such transfers are interpreted as a “sale,” we provide opt-out rights as required by applicable law. If you opt out, we will honor verified opt-out requests and stop data transfers for targeted advertising, sale, or profiling activities covered by applicable Texas privacy law.

Potential Impacts of Opting Out

  • Opting out may limit your access to marketing materials and other communications you currently receive from us.
  • Some features of our website or services may not function properly if a critical business partner is classified as a "third party" and is unable to comply with Texas law's "processor" requirements.
  • If a transaction requires transferring data to a third party, we may notify you to opt in before proceeding.

 

Minors' Data

  • We do not sell the data of individuals under 16 years of age.
  • We do not intentionally collect data from individuals under 13 years of age.

 

Exceptions to the Right to Opt Out

Opting out does not apply in the following cases:

  • Processors: We may transfer your data to "processors" who are contractually obligated to use your information only for specific services (e.g., fraud detection, data security). Such transfers are not classified as "sales" under Texas law.
  • Directed Transfers: If you request a specific transaction or payment method, we will still transfer the necessary data to complete the transaction, even if you have opted out.
  • Internal Use: Opting out does not prevent us from collecting and using your personal data internally for legitimate business purposes.
  • Anonymized Data: Data that has been anonymized or pseudonymized is not considered "personal information" and may still be shared with third parties.

 

Technical Limitations of Opting Out

There are technical challenges in identifying all data linked to you. While we will make reasonable efforts to honor opt-out requests, some limitations include:

  • If we cannot verify that specific data belongs to you, that data may still be "sold" to third parties.
  • Opting out of data transfers classified as a sale or targeted advertising does not unsubscribe you from marketing communications. To stop receiving such communications, you must follow the designated unsubscribe process.
  • If you have multiple email addresses, each must be opted out separately, as we cannot automatically associate them.

 

HOW TO MAKE A REQUEST

To opt out of targeted advertising or the sale/sharing of your personal data, email us at info@colorfulworldco.com with the subject line: Do Not Sell/Share Request.

You do not need to create an account to submit a request. If you are submitting a request for multiple email addresses, each must be provided separately.

 

How to Appeal a Decision on Your Request

If we deny your request, we will provide the reason and instructions on how to appeal.

  • Appeals must be submitted within a reasonable period after receiving the initial decision.
  • We will respond in writing within 60 days of receiving your appeal.
  • If the appeal is denied, you have the right to submit a complaint to the Texas Attorney General.

 

MORE ON PRIVACY

We are committed to protecting your privacy. For more details, please review our Privacy Policy.

For additional inquiries, contact us at:  info@colorfulworldco.com.