General Scope and Definitions. The Act applies to any "operator" of a Web site or online service that collects "personally identifiable information" from "consumers" residing in California.
Operator: The Act defines an operator as a "person or entity that owns a Web site located on the Internet or an online service that collects and maintains personally identifiable information from a consumer residing in California who uses or visits the Web site or online service." The Web site or online service must be operated for commercial purposes. The Act does not apply to an Internet service provider or similar entity that transits or stores personally identifiable information at the request of third parties.
Personally Identifiable Information: "Personally identifiable information" means information about an individual consumer, such as a first and last name, an address, an e-mail address, a telephone number, a social security number, any other information that could be used to make contact with the individual. It also includes information about a consumer that is collected online (such as gender, weight, hair color, birthday etc.) that is maintained in personally identifiable form in combination with one of the personal identifiers.
Consumer: The Act defines a consumer as "an individual who seeks or acquires goods, services, money, or credit for personal, family or household purposes."
Key Provisions of the Act.
identify the categories of personally identifiable information that the operator collects about individual consumers;
identify the categories of third parties with whom the operator may share that personally identifiable information;
describe the process (if any) by which the consumer may review and request changes to his or her personally identifiable information;
identify its effective date.
post another functional hyperlink so that a reasonable person would notice it.
Enforcement. The Act does not contain an enforcement provision. It is expected that the Act will be enforced through California’s Unfair Competition Law (the "UCL"). Under the UCL, the California Attorney General, local district attorneys, and private individuals can bring suit to seek enforcement of the Act.
You should provide adequate security for the personally identifiable information that you collect and maintain.
If you have any questions, feel free to contact Janet Knaus at 616.752.2150 or firstname.lastname@example.org or Norbert Kugele at 616.752.2186 or email@example.com.