CALIFORNIA PRIVACY INFORMATION FOR CUSTOMERS
The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020 and provides California residents specific rights with respect to the collection of their personal information. The CCPA applies to any for-profit legal entity doing business in California that collects and controls personal information regarding California residents. Additionally, it must meet any of the following thresholds:
- Have $25 million or more in annual gross revenue; or
- Derive more than 50% of its annual income from the sale of consumer personal information; or
- Buy, sell, or share the personal information of more than 50,000 consumers annually.
How does Formstack help me comply with the CCPA?
Similar to the General Data Protection Regulation (“GDPR”), the CCPA will require businesses to provide increased transparency regarding its collection of personal information. Formstack’s existing GDPR solutions can provide guidance to help you on your road to CCPA compliance.
Formstack also provides a number of features to assist you in complying with your obligations under the CCPA:
Disclaimer: The information in this Notice is not intended to serve as legal advice. If you’re preparing to comply with the CCPA, we recommend that you work with a trusted legal partner to fully understand your obligations under the CCPA.
- To be effective, a counter notification must meet ALL of the following requirements:
- It must be a written communication;
- It must be sent to the Service Provider's Designated Agent;
- It must include the following:
- A physical or electronic signature of the customer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The customer's name, address, and telephone number, and a statement that the customer customer's address is located, or if the customer's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the customer will accept service of process from the person who provided notification or an agent of such person.
- Upon receipt of a Counter Notification from the customer containing the information as outlined above, Formstack will:
- Promptly provide the complaining party with a copy of the Counter Notification
- Inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
- Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain customer from engaging in infringing activity relating to the material on Service Provider's network or system.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.