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Privacy Policy needs to be on website / CA’s new law
September 9, 2019
Privacy Policy needs to be on website
                        It’s not clear to me what impact the California Consumer Privacy Act (CCPA) will have for the alarm industry.  The law deals with the collection and sale of consumer data.  Certainly all alarm companies do collect names, addresses, phone numbers, mobile numbers, passcodes, names of close contacts and relatives, security questions and answers, often social security numbers and credit card information.  Sometimes alarm companies run credit reports and collect that information.  It’s unlikely that alarm companies share the collected data, but search engines and social media used by alarm companies are also collecting data behind the scenes, and it appears necessary to alert consumers to that as well.
            Bottom line is that every alarm company needs to have a Privacy Policy on its website.  We are going to provide that Privacy Policy for you, but we can’t help you get it on your website.
            If you do business with customers in California you may have to comply with the CCPA.  One of the first things you should be doing is to add a privacy policy on your website.  Even if you don’t do business in California I think it’s a good idea to add the Privacy Policy to your website.  
            We’ve designed a Privacy Policy suitable for the alarm industry.  If you want this form here’s a special offer before we add the form to our Order Form on our website.  Call our Contract Administrator Eileen Wagda and ask for the Privacy Policy.  Cost: $200 [until we add it to the order form].  Get it today.
            Here is a more in depth discussion of the CCPA.
            The California Consumer Privacy Act (CCPA) becomes effective January 1, 2020. The law applies to all businesses who have customers in California or employees in California. Civil penalties for violations: $2,500 fine for each unintentional violation and $7,500 fine for each intentional violation.   The statute will apply to for-profit businesses that have customers in California and meet any of the following criteria:
•             $25 million or more in annual revenues
•             Personal information for at least 50,000 California residents
•             Over 50% of annual revenues from the sale of personal information
            At its core, the statute gives consumers the following rights:
            “General Disclosure: If a business (as defined by the bill) collects any type of personal information, this should be disclosed in a clear privacy policy available on the website of the business.
            Specific Requests: Should a consumer desire to know what data is being collected, the company is required to provide such information — specifically about the individual. Some of the requests that can be made include:
·         The categories of personal information collected
 ·         Specific data collected about the individual
 ·         Methods used to collect the data
 ·         A business’ purpose for collecting the information
 ·         Third parties to which personal information may be shared
            Deletion: If the consumer desires, personal information (with exceptions) will be deleted by the business.
            Same Service: Regardless of a consumer’s request and preferences about how their personal information is handled, businesses are required to provide “equal service and pricing…even if they [consumers] exercise their privacy rights under the Act.”
            The CCPA is still evolving to some degree, thus, it is unclear right now how exactly the statute will be enforced. However, the following methods of compliance have been identified as potential steps businesses can take:
 ·         “Organized Data Collection: The bill allows consumers to request the specific information collected about them. These requests are to be provided at no cost to the consumer. Companies need to have the ability to quickly search, compile and send these reports to consumers.
 ·         Clear, Transparent Policies: Consumers can request a report on the types of data collected, data sources, collection methods, and uses for their data. While the data itself needs to be stored in a well-constructed database, many consumer questions can be quickly answered in comprehensive privacy and data collection policies.
 ·         Knowledge of Specific Provisions: There are clearly outlined requirements within the California Data Privacy Protection Act including things such as:
 ·         ‘Provide a clear and conspicuous link on the business’ Internet homepage, titled “Do Not Sell My Personal Information,” to an Internet Web page…’
 ·         Ensure any individuals who handle consumers’ private data know and understand all pertinent regulations.”
CCPA is an extremely broad statute that will require many businesses with any connection to California to take significant steps to comply. The CCPA covers information in the form of consumers’ biometric data, household purchase data, family information, geolocation, financial information, sleep habits, in addition to a broad range of other information.
            We are going to include the CCPA requirements in our Privacy Policy for everyone.  Be sure you don’t do anything with the data outside of your customary alarm business, such as sell the information or data, because the form Privacy Policy will not provide for that.  If you do traffic in the data then you need a customized Privacy Policy.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301