Privacy Policy for California Residents

Last Updated: June 08, 2022

In Short:  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy. This document supplements the information contained in Culture Kings’ [HYPERLINKED URL TO PRIVACY POLICY] and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”).

All information regarding the following can be found within our standard privacy policy: categories of personal information we collect, our methods of collection, the business or commercial purpose for collection, and categories of third parties we disclose information to can all be found within the privacy policy.  

You may submit a request for access or deletion of your personal information through an authorized agent by following the process described in the policy, however we will require you to verify your own identity.    

YOUR RIGHTS AND CHOICES 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and 
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. 
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. 

Exercising Your Rights to Know or Delete.

To exercise your rights to know or delete described above, please submit a request by: 

• Filling out the Data Request form. 

  Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. To designate an authorized agent, please follow the instructions on the form. 

  You may also make a request to know or delete on behalf of your child by following the instructions on the Data Request form. 

  You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. 

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format.

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please  email us at privacy@culturekings.com.au.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

We will respond to your request via the email provided in the request form.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Personal Information Sales Opt-Out and Opt-In Rights.

Children age 16 or older or their parents have the right to direct us to not sell those children’s 

personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time. 

To exercise the right to opt-out, you (or your authorized representative) may opt-out by clicking the link “Do Not Sell My Personal Information.”

If you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request. 

SUMMARY

The chart below shows the types of personal identifiers that we may have sold in the previous 12 months.

Categories of Third Parties to Whom the Personal Information May Be Sold	Categories of Third Parties to Whom the Personal Information May Be Sold
Advertising companies (like ad servers, advertising agencies, technology vendors, providers of sponsored content, and others)	Characteristics of protected classifications under California or federal law
	Demographic information
	Device and online identifiers
	Individual preferences and characteristics
	Internet, application, and network activity
	Location information
	Personal identifiers
	Purchase history information

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Financial Incentive Program.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently provide the following financial incentives: 

Culture Kings provides special offers and benefits to customers who sign up to receive communications from us via email, text, chat, and social media.  The information we request from customers when they sign up may include the customer's email address or phone number as well as name, partial birthday, product preferences or other information that allows us to tailor our communications.  Customers may opt-in online and can opt out of the programs at any time by sending an email to privacy@culturekings.com.au, or by using the unsubscribe methods provided for that communication channel such as unsubscribe links in email messages, and replying "Stop" to text messages.

• Other Special Offers:  The value of this personal information varies based on the special offer provided at the time the customer signs up, the amount purchased by the customer using that special offer, and value of future special offers the customer receives from us and uses to make purchases.  For example, a 20% discount offer will be valued differently depending on how much the customer purchases.

OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@culturekings.com.au.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which Culture Kings collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: privacy@culturekings.com.au 

Postal Address: 

Attention: Privacy Officer
Culture Kings
PO BOX 260, Archerfield, QLD 4108 Australia