LAST UPDATED: May 21, 2021
What is the CCPA and when does it take effect?
The California Consumer Privacy Act of 2018 (the “CCPA”), is a law enacted in the State of California (U.S.) with an effective date of January 1, 2020. Generally, it expands upon the privacy rights available to California residents and requires businesses falling within the CCPA’s scope to comply with certain disclosure requirements and enhanced consumer rights obligations.
What is considered “personal information” under the CCPA?
Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household is considered personal information under CCPA. Examples include: name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, or other similar identifiers.
How does the CCPA apply to FishTube TV’s business customers?
The CCPA applies to any covered “business” that processes “personal information” about California residents. To be covered, the business must meet at least one of the following thresholds: (i) have over $25 million in annual gross revenues, (ii) buy, sell, or receive for a commercial purpose the personal information of 50,000 or more consumers, households or devices, or (iii) derive 50% or more of its annual revenues from selling California residents’ personal information (“Direct test”). Where the business does not meet one of these thresholds, but is under common control and shares common branding with a business that does, then it too will be covered (“Indirect test”).
FishTube TV customers that collect and store personal information are considered “businesses” under the CCPA to the extent they meet either the Direct test or the Indirect test. Businesses bear the primary responsibility for ensuring that their processing of personal information is compliant with relevant data protection law, including the CCPA. For example, businesses are responsible for providing appropriate disclosures to consumers at or before the point of collecting their personal information, limiting the collection and use of personal information as described in those disclosures, and allowing consumers to exercise rights granted by the CCPA.
Guidance relating to CCPA obligations may be found on the website of the California Attorney General.
How does the CCPA apply to FishTube TV?
FishTube TV typically acts as a “Service Provider” in connection with providing our products and services to our business customers. FishTube TV retains, uses, and discloses the personal information of our customers and our customer’s end viewers solely for the purpose of performing our obligations under our existing services agreement with our customers, and as otherwise permitted under the CCPA, including not retaining, using, or disclosing the personal information for a commercial purpose other than providing the products and services specified in the agreements with our customers.
Does FishTube TV “sell” personal information under the CCPA?
No, FishTube TV does not sell personal information in connection with providing our products and services to our business customers.
What has been FishTube TV’s overall CCPA compliance plan?
We have undertaken the following actions in connection with the CCPA:
-Having options that may help our customers with their CCPA compliance obligations, including providing a means for deleting, modifying, and exporting data for our Audience and Gallery customers
-Updating our privacy policies, which keep our customers and website visitors informed of how we may collect and use their information
-Taking a proactive approach to updating our agreements to clarify our “Service Provider” status where we are processing “personal information,” as those terms are defined under the CCPA, of California residents on our customers’ behalf
The California Office of the Attorney General has indicated that it may further amend regulations proposed for the CCPA and FishTube TV is actively tracking such updates.
Not Legal Advice
FishTube TV’s customers are responsible for making their own independent assessment of the CCPA. We encourage all of our customers to discuss the information provided on this page and the potential impact of the CCPA with independent legal counsel.
Please note that this page is for informational purposes only and reflects current FishTube TV product offerings, services, and practices, which are subject to change without notice at any time. This page does not create any commitments or assurances from FishTube TV and any agreement between FishTube TV and its customers will continue to govern the rights, responsibilities, and liabilities between FishTube TV and its customers.
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