GDPR/CCPA Compliance

California Privacy Notice

This Data Privacy Notice describes how Kitsch LLC (“Kitsch”) complies with the California Consumer Privacy Act of 2018 (“CCPA”) with respect to personal information collected about California residents (“California consumers”).

CCPA Rights

The CCPA is a California law that gives California consumers additional rights relating to the personal information collected about them. The main rights under that law are:

• The right to request that a business not ‘sell’ your personal information;
• The right to know what personal information is collected about you (or request a copy);
• The right to request deletion of your personal information (with reasonable exceptions).

These rights can be exercised by the California consumer or their designee (“authorized agent”). In addition to those main rights, the CCPA also includes certain additional rights, such as:

• The right to no discrimination, including in relation to exercising your other CCPA rights;
• Certain rights to file claims against companies that violate the CCPA.

Data Covered Under the CCPA

The CCPA applies to personal information of California consumers, such as those who buy Kitsch products online, those who sign up for our texts or e mails, and those who browse our websites. “Personal information” is defined broadly in the CCPA, and essentially encompasses any information that can be used directly or indirectly to identify a California resident. Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device.

Collection, Use and Sharing of Your Data

The personal information that Kitsch collects about California consumers depends upon the type of interaction with you and is also limited to that which is relevant and appropriate for the interaction and purpose of the collection. Please see our Privacy Policy for more details.

Right to “Opt-Out” (Do Not Sell)

Kitsch does not and will not ‘sell’ personal information of California residents (as that term is defined in the CCPA). To the extent that your personal information is accessible to our affiliated companies or to third party partners (called “Service Providers”) who assist us with our services to you, they are also prohibited from “selling” your personal information as defined in that law.

Right to Know/Access

In accordance with the CCPA requirements, California residents may contact Kitsch to  exercise  their right to know about the personal information that we hold about them as well as how the data was used, the categories of third parties with whom the data was shared, and the purpose(s) for the sharing of the information. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.

California residents or their authorized agents who seek to exercise this right are subject to comprehensive verification to minimize any risk to individuals of sharing their person information with an unauthorized individual. Kitsch will deny the request if it is unable to verify the requestor and/or his/her authorized agent, and if so, we will inform the individual/authorized agent within 45 days of receipt of their request. Kitsch can also deny the request if our company does not hold any personal information about the individual which falls within the scope of the CCPA.

Properly verified California residents and/or their authorized agents are entitled to receive information about (or a copy of) Personal Information collected by Kitsch within the last 12 months before their request was made. Kitsch will endeavor to fulfill those requests within 45 days, but may require an additional period of time (up to a total of 90 days) if necessary. If so, we will inform the requestor about the delay and the reasons therefore within the 45-day period.

California residents are limited to two such requests to know/access their data in any 12-month period.

Right to Request Deletion

California residents have the right to request deletion of their personal information, and can make the request directly to us or via an authorized agent. They can do so by exercising that right via one of the other options identified in the Contact Methods section of this Notice.

Kitsch is not obligated to delete the personal information of the California resident if we are required or permitted to retain it in accordance with one of the exemptions in the CCPA.

Individuals who exercise their right to request deletion will be subject to verification in accordance with the CCPA requirements.

Kitsch will endeavor to fulfill the request within 45 days. If it becomes evident that Kitsch is unable to delete all of the California resident’s data within the 45-day period, the company will inform the individual and/or the authorized agent within that period, and may take an additional 45-days to fulfill the request (i.e., a total of 90 days).

When Kitsch processes a request for deletion from a California resident (which has been properly verified), it will delete the data from its systems in a secure and irreversible manner, to prevent the data from being restored.

To the extent that  Kitsch has entrusted any of the Personal Information of  the California resident to  a “Service Provider” (as that term is defined in the CCPA), it will also contact that Service Provider to process the deletion request and will confirm to the California resident (or his/her authorized agent, if applicable) that it has done so.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• 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, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to No Discrimination

In accordance with the CCPA, Kitsch does not discriminate against individuals, including those who choose to exercise their CCPA rights. 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; or
• Provide you a different level or quality of goods or services.

Contact Methods

Kitsch has put in place the following methods for California residents to exercise their rights under the CCPA.

• Website address: https://mykitsch.com
• Email address: team@mykitsch.com
• If you have any general questions on about how we process and use your personal data, or concerns please contact us at team@mykitsch.com
• If you would like to exercise any of your rights above, please contact us at team@mykitsch.com
• Mailing address: CCPA Rights, Kitsch LLC 137 N Larchmont Blvd, Suite 641, Los Angeles, CA 90004

Use of Authorized Agents

In accordance with the CCPA, Kitsch allows California residents to exercise their CCPA rights via an authorized agent. California consumers must recognize that in those situations, Kitsch requires authentication/verification of the authorized agent as well as the individual about whom the data relates, and we may deny the request if we are unable to obtain appropriate authentication/verification at either level. The authentication/verification requirements adopted by Kitsch vary by right, and take into consideration the potential risks to the individual of sharing their personal data with an unauthorized individual. Please see the specific rights (below), and general information about authentication/verification obligations associated with each of them.

Additional Information

For additional information about Kitsch’s CCPA practices, please visit our website at https://mykitsch.com or contact us via one of the options provided in the Contact Methods section.