This memo was originally distributed to the network in February 2020. The law and practices outlined have not changed, if they do, this document will be amended per the advice of SHE Media's legal department.
Disclaimer
SheMedia, LLC (“SHE Media”) is providing you with this information as a courtesy to make you aware of certain obligations you may have under the California Consumer Privacy Act.
The information provided in this notice does not constitute legal advice. SHE Media recommends consulting with an attorney of your choice to discuss your data privacy legal obligations, including compliance with the CCPA and other data privacy laws, rules and regulations.
Overview
As you are may be aware, California has enacted a new data privacy law called the California Consumer Privacy Act (“CCPA”) which went into effect January 1, 2020. The law is similar but not identical to the General Data Protection Regulation (“GDPR”), which was enacted in the EU and took effect last year with respect to EU residents. You likely need to consider steps you will need to take in order to comply with the CCPA, including updating your site’s cookie policy and privacy policy.
We encourage you to work with your legal counsel to find out more about the CCPA and the associated legal obligations. The following is a link to information on the Interactive Advertising Bureau (“IAB”) compliance tool for CCPA, as well as a link to a CCPA primer:
CCPA Information, IAB Framework and Limited Service Provider Agreement
The CCPA was enacted to provide California consumers with greater transparency and controls over their personal information. Under the CCPA, California consumers can make requests that a business, like a publisher, take certain action with respect to their personal information, such as the right to access, delete, and opt out of the sale of their personal data.
“Sale” is broadly defined and may include:
Subscription (email or other information) list rentals or sales;
Data co-ops such as where others can use your data and you receive enhanced data,
sharing data for money or other consideration, and
targeted online advertising.
Under the CCPA, “personal information” is broadly defined and includes information that is reasonably capable of being associated with a particular consumer or household, including, but not limited to: contact information (e.g. name, address, email address), browsing or internet activity (viewing information and behavioral data), IP address and/or device identifiers, IP address and/or device identifiers, user generated content, and biometric information.
Please note that because the California Attorney General has not yet issued final regulations, guidance or begun enforcement, CCPA compliance recommendations are evolving. Accordingly, we will review and revise our CCPA compliance procedures as additional information becomes available. We also strongly advise you to seek your own legal advice in this area.
Publishers & the CCPA
You should consider taking the following steps as part of CCPA compliance:
Clearly post on your site a CCPA-compliant privacy policy.
Explaining, among other things, the type of information you collect from users, information automatically collected as the user accesses the site, and cookie and other tracking technologies, how you use and share the information collected, and the user’s options regarding cookie-based advertising.
As a best practice, we recommend that you link to the SHE Media Ad Services Privacy Policy from your site’s privacy policy. The SHE Media Ad Services Privacy Policy can be found here: https://www.shemedia.com/ad-services-privacy-policy
If you choose to sell the personal information of California consumers in the delivery of digital advertising, provide explicit notice regarding the consumer’s rights under the CCPA, including explaining in clear terms what will happen to their data, and to notify the downstream technology companies with which the publisher does business that such disclosures were given.
Include a “Do Not Sell My Personal Information” link on your site.
This link must provide the ability to automatically opt out of the sale of their personal information or provide information about how to opt out of the sale.
If the only “sale” you engage in is the delivery of targeted advertising, the page can explain how to opt out of that activity. See below for more information regarding updates to the SHE Media Badge, which will allow users to send an opt out preference to SHE Media.
Please note, if you engage in selling other information, such as email lists, your opt-out page should include a way for consumers to contact you (e.g., via email address and webform) to opt out of such sale.
Read, understand, and sign the Limited Service Provider Agreement:
This will be tracked through the SHE Media Publisher Dashboard.
Promptly respond to access, deletion, and “do not sell” requests from California consumers.
Consult with an attorney and seek industry guidance to determine additional steps necessary for CCPA compliance.
Please note that as part of its CCPA compliance obligations, SHE Media will have its own opt out link within the SHE Media Badge on your site (for exclusive partners), which users can select to opt out of the sale of information to and by SHE Media. IMPORTANT: If you use other advertising networks or partners, this opt out link will not affect the information you share and/or sell to such entities.
Contact Us
As a reminder, the information provided in this notice does not constitute legal advice. SHE Media recommends consulting with an attorney of your choice to discuss CCPA compliance and other data privacy-related matters. If you have any questions about the issues discussed in this memo, you may reach out to support@shemedia.com.
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