Men of Action Company Privacy Policy

MOA Company, LLC

Last Updated: August 2022.

We at MOA Company, LLC are committed to protecting your personal information. Each time you visit our websites or provide us with information, you are accepting the practices as described in the policy at that time. Please review this policy from time to time as we may update it periodically. If you have entered into a separate agreement with MOA Company, LLC (a licensing agreement, nondisclosure agreement, etc.) that agreement may include additional relevant information. California residents, please also see the “Note To California Residents” Section for additional rights that apply to you.

Information We Collect From You

To provide you with products and services, we may collect personal information (i.e. name, user name, shipping address, phone number, email address), financial information (i.e. credit card numbers and billing addresses), and demographic information (i.e. zip code, age). We retain personal information no longer than is necessary for business purposes or legal requirements. If you do not provide certain account information, or withdraw consent for us to use it, we may not be able to provide some services to you. Voluntary submissions of personal information can occur for various reasons, such as if you request to receive information about our services, or if you subscribe to one of our mailing lists. If you subscribe to one of our mailing lists, we generally collect your name, email address, and your telephone or other information if you provide it to us so we can customize your experience and better serve your needs.

Children Under the Age of 16

Children under the age of 16 are required to provide consent from a holder of parental responsibility. This person may review the child’s personal information, withdraw consent to use it, or have it deleted, by contacting support@moamentoring.com.

How We Use Your Personal Information

We use information you provide, like names, addresses, phone numbers, email addresses, and sometimes credit card information when such information is voluntarily submitted by our visitors as well as to deliver the services you have requested, to contact you when necessary in connection with those service requests, to send you information regarding your order or requested services, and to prevent fraud and spam. Most of your customer information is stored in a third-party Customer Relationship Manager (CRM) system called Close.io, and not directly on our servers.

Your credit card information is not stored by us, and is instead passed to our payment processors. These include but are not limited to: Stripe, PayPal, Coinbase, Zelle, PayThen.

We automatically collect and store certain information in server logs. This includes your IP address, your browser and operating system, and details of how you used our website. Cookies are text files that are used by your computer’s web browser to store your preferences, and enable us to enhance your user experience with our site. Third party retargeting networks may also use cookies to display our advertisements to you on other sites. You can learn more about how to opt-out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. Please note that you do have the option to configure most web browsers to NOT accept cookies. However, be aware that disabling cookies may keep you from having access to some functions or services on our site or the web-hosted software that runs on our site.

Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined. We are waiting for the online industry to develop a common protocol for how to treat DNT signals. In the meantime, you can use the range of other tools we provide to control data collection and use, including those described herein.

If you opt in to emails about our products, offers, updates, and events, we may send you emails about these topics on behalf of ourselves and/or our affiliates. You can opt out of non-transactional emails by clicking the unsubscribe link at the bottom of any email communication, or by emailing support@moamentoring.com. You can customize your email and other preferences (such as the lists you are subscribed to) by following the instructions contained in the Section entitled “Access to and Control of Your Personal Information”. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

By submitting your email address, you also agree to allow us to use your email address for custom audience targeting on sites like Facebook, where we display custom advertising to specific people who have opted-in to receive communications from us. If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site, or items on this site that you choose to share with a third-party social media site.

If you wish to stop seeing ads from us on Facebook, you can turn off the ad by using the following steps:

  • From within Facebook, go to the advertisement you want to turn off.
  • Click on the drop-down arrow in the top corner of the ad (that may be in the top right corner or top left corner).
  • Click on “Hide ad”.

You can also customize the ads you see in Facebook across all advertisers by using the following steps:

  • Log in to your Facebook account and click “settings”.
  • Click on “Ads”.
  • On that page you will see a list of options you can choose to limit and/or block the information Facebook shows to advertisers.

If you wish to stop seeing ads from us in Google Ads, you can turn off the ad by using the following steps:

  • Go to the advertisement you want to turn off.
  • Click on the x in the top left corner.
  • Click on “Stop seeing this ad”.

Other ad platforms we may use in the future have similar ways you can turn off any ad from us to stop seeing it.

In addition, you agree that by submitting your telephone contact information on our site and/or registering to receive the product and/or service offered herein, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR ‘310 et seq. and any applicable state and local “do not call” regulations. We retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations. If you enter information into our websites outside of secure transactions, the content you provide may be visible to the public along with any associated username. Do not post sensitive personal information such as your address or credit card number outside of secure transactions on our sites.

Users posting messages to our sites or groups, or sending emails to us, automatically grant MOA Company, LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, copy and distribute such messages throughout the world in any media.

This means that anything you send in a group owned by MOA Company, LLC, any message or email you send can and will be used by MOA Company, LLC for any reason it wants, without warning or notification to you.

We also have a Film Release. Please see the terms and conditions for more information on our film release.

Your information may be stored and processed in the United States or any other country in which MOA Company, LLC or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country.

How We Share Your Personal Information

In some cases, it is necessary for us to provide information particular to you to a third party. When you give us a billing address or credit card information, we provide it to a credit card processor to check your qualifications and to charge you for products and services you order from us. By making a purchase or engaging in another activity on our websites that uses financial information, you consent to our providing your financial information to third parties as necessary to process your transactions. If you do not provide this information, or withdraw consent to our sharing it for the above purpose, we cannot process your orders.

When you give us an address, we may provide it to shipping services in order to determine shipping rates and to ship your packages. If the address is within the United States, we provide it to an address verification service for standardization. If the address is within the state of Washington, we provide it to a geolocation service to determine your tax district so that we can correctly charge sales tax. If the address is outside of the United States, we may ask for a phone number; this is provided to the shipper per their requirement. If you do not provide this information, or withdraw consent to our sharing it for the above purpose, we cannot process your orders.

This information will be used by the partner solely to provide access to and pricing information for that partner’s products. If you do not provide this information, or withdraw consent to our sharing it for the above purpose, our partners’ ability to provide access to and beneficial pricing information for these products may be limited.

We may disclose your personal information to other parties if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or our sites; (b) protect and defend the rights or property of MOA Company, LLC and its web sites, or (c) act in urgent circumstances to protect the personal safety of users of MOA Company, LLC, its web sites, or the public.

Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various websites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device.

MOA Company, LLC will not share your personal information with third parties without your permission, other than for the limited exceptions stated above.

Information Other Websites Collect From You

While many websites share information about your browsing activities with other services, MOA Company, LLC does not. Some parts of our services are hosted by companies that may collect usage data for the purpose of providing and improving service.

Please be aware that there are links from our site to other websites operated by other parties where our privacy policy does not apply. We encourage you to review their privacy policies, and remind you that we are not responsible for their actions.

Access to and Control of Your Personal Information

You have the means to ensure that your personal information is correct and current. You can also contact support@moamentoring.com to:

  • Ask for a copy of any personal information you have already given us. (See details below).
  • Ask to have your personal information deleted (i.e. “forgotten”) from our databases. (See details below).
  • Opt into or out of emails about Men of Action Company products, official licensed products, special offers, updates, and events. (See details below).
  • Opt into or out of emails containing marketing messages (See details below).

If you wish to request that we export your data (such as for porting it to another vendor), please send an email to support@moamentoring.com with the subject line “Export My Data”, and explain in the body of the email that you are asking for a data export. We have a standard data export format that we will provide and are not able to create custom exports. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.

If you wish to request that we forget you from our database, please send an email to support@moamentoring.com with the subject line “Forget Me”, and explain in the body of the email that you are asking to have your personal data deleted. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored. We reserve the right to retain any data that we are required to maintain under applicable laws. (Some data will be anonymized rather than deleted; this means that some of the data will be held in a form that cannot be connected to you personally.) Please be aware that once we delete your data, we will be unable to “undelete” it. (Among other things, this means you will be unable to redownload any previous purchases, as we will no longer be able to connect that purchase to you.)

If you are a subscriber to one of our mailing lists, you can customize your information and the mailing lists you have subscribed to at any time by simply clicking the link called “Manage Subscription” at the bottom of any email you receive from us. That will take you to a preferences center where you can update your information and communication preferences.

Notice of Rights

Subjects in the European Union are advised of the following rights; MOA Company, LLC gladly provides the same opportunities to subjects outside the European Union. (You may have other rights.)

  • You may request access to and rectification or erasure of personal data concerning you.
  • You may request restriction of data processing concerning you.
  • You may request the personal data which you have provided us concerning you, and you may transmit those data to another controller without hindrance from us.
  • You may object at any time to our processing of personal data concerning you and you may withdraw your consent for future processing.

If you are a subject in the European Union, and you believe that MOA Company, LLC’s processing of personal data relating to you infringes the EU’s General Data Protection Regulation, you may lodge a complaint with your Member State’s designated supervisory authority.

IP Addresses

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

Commitment to Data Security

All information collected from you is stored in a technically and physically secure environment. Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential. We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. Unfortunately, no transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take reasonable measures to protect your information, we cannot ensure or warrant the security of the information that you transmit to us, and you do so at your own risk.

Changes to This Policy

MOA Company, LLC will occasionally update this privacy policy. When we do, we will revise the “last updated” date at the top of the page. For material changes to this policy, MOA Company, LLC will notify you by placing prominent notice on our websites, and may contact you via email.

Contact

If you have questions or concerns about this privacy policy, or about your dealings with our websites, contact:

MOA Company, LLC 4525 Dean Martin Dr, APT 1605 Las Vegas, Nevada, 89103

Or email support@moamentoring.com

Severability

If any part of this privacy policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Note to California Residents

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if a company has a privacy policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.

This site qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail).

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the email subject line or envelope and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own record keeping. We do not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Disclosure And Acknowledgment Of State Laws Related To Digital Privacy

You acknowledge that you have been provided with full notice and disclosure of all applicable laws and regulations concerning your visit to our websites or providing us with information, and that all terms and use comply with the relevant laws, including but not limited to the following:

Overview

The Internet and new technologies continually raise new policy questions about privacy, and state lawmakers are continuing to address the array of privacy issues arising from online activities. This web page documents state laws in a limited number of areas: comprehensive consumer data privacy, website privacy policies, privacy of online book downloads and reader browsing information, personal information held by Internet service providers, online marketing of certain products directed to minors, and employee email monitoring. Other types of state laws address privacy and can also apply to online activities.

Consumer Data Privacy Legislation

  • 2021 Consumer Data Privacy Legislation
  • 2020 Consumer Data Privacy Legislation
  • 2019 Consumer Data Privacy Legislation

Comprehensive Consumer Data Privacy Laws

Three states—California, Colorado and Virginia—have enacted comprehensive consumer data privacy laws. The three laws have several provisions in common, such as the right to access and delete personal information and to opt-out of the sale of personal information, among others. Other provisions require commercial websites or online services to post a privacy policy that describes the types of personal information collected, what information is shared with third parties, and how consumers can request changes to certain information.

California

Cal. Civ. Code §§ 1798.100 et seq. (California Consumer Privacy Act of 2018 (CCPA))

Allows consumers the right to request a business to disclose the categories and specific pieces of personal information that the business has collected about the consumers as well as the source of that information and business purpose for collecting the information. Provides that consumers may request that a business delete personal information that the business collected from the consumers. Provides that consumers have the right to opt-out of a business’s sale of their personal information, and a business may not discriminate against consumers who opt-out. Applies to California residents. ( A.B. 375 , Effective Jan. 1, 2020. Amended by 2018 S.B. 1121. )

Related CCPA Information:

  • CCPA Regulations , California Office of the Attorney General
  • California Attorney General , Background on the CCPA and the Rulemaking Process
  • Standardized Regulatory Impact Assessment: California Consumer Privacy Act of 2018 Regulations , prepared for California Attorney General’s Office, Aug. 2019

California Consumer Privacy Rights Act (CPRA)

Proposition 24 , approved Nov. 2020, effective January 1, 2023 Expands the consumer data privacy laws. Permits consumers to: (1) prevent businesses from sharing personal information; (2) correct inaccurate personal information; and (3) limit businesses’ use of “sensitive personal information”—including precise geolocation; race; ethnicity; religion; genetic data; private communications; sexual orientation; and specified health information. Establishes the California Privacy Protection Agency to additionally enforce and implement consumer privacy laws and impose fines. Changes criteria for which businesses must comply with laws. Prohibits businesses’ retention of personal information for longer than reasonably necessary. Triples maximum penalties for violations concerning consumers under age 16. Authorizes civil penalties for theft of consumer login information, as specified. (Amended by 2021 A.B. 1490 )

Colorado

Colo. Rev. Stat. § 6-1-1301 et seq. ( 2021 S.B. 190 )

Creates the Colorado Privacy Act within the Colorado Consumer Protection Act. Addresses consumers’ rights to privacy, companies’ responsibility to protect personal data, and authorizes the Attorney General and district attorneys to take enforcement action for violations. Defines various terms related to covered businesses, consumers, and data, including defining the term “controller” as the person or group of people who determine how data is used and processed. The effective date is July 1, 2023.

Virginia

2021 H.B. 2307 / 2021 S.B. 1392 (Consumer Data Protection Act)

Establishes a framework for controlling and processing personal data in the Commonwealth. The law applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The law outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The law grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt-out of the processing of personal data for the purposes of targeted advertising. The law provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The law directs the Joint Commission on Technology and Science to establish a workgroup to review the provisions of this act and issues related to its implementation and to report on its findings by November 1, 2021. The effective date is January 1, 2023.

Other Key Consumer Data Privacy Laws

California

Cal. Civ. Code §§ 1798.99.80 et seq. (Data Broker Registration)

Requires data brokers to register with, and provide certain information to, the Attorney General. Defines a data broker as a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship, subject to specified exceptions. Requires the Attorney General to make the information provided by data brokers accessible on its internet website. Data brokers that fail to register are subject to injunction and liability for civil penalties, fees, and costs in an action brought by the Attorney General, with any recovery to be deposited in the Consumer Privacy Fund, as specified. The bill would make statements of legislative findings and declarations and legislative intent.

Nevada

NRS § 603A.300 (Requires websites in Nevada to allow users to opt-out of having their personal data sold to third parties.)

Requires an operator (e.g., a person who owns or operates an Internet website or online service for commercial purposes or collects and maintains specified information from Nevada residents) to establish a designated request address through which a consumer may submit a verified request directing the operator not to make any sale of covered information collected about the consumer. The term “sale” is defined to mean the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons. The law also prohibits an operator who has received such a request from making any sale of any covered information collected about the consumer. The Attorney General may seek an injunction or a civil penalty for violations.

Nevada 2021 S.B. 260 , Chap. 292

Relates to Internet privacy; exempts certain persons and information collected about a consumer in this state from requirements imposed on operators, data brokers and covered information; prohibits a data broker from making any sale of certain information collected about a consumer in the state if so directed by the consumer; revises provisions relating to the sale of certain information collected about a consumer in the state.

Vermont

9 V.S.A § 2446-2447 (Protection of Personal Information: Data Brokers)

Requires data brokers–businesses that knowingly collect and license the personal information of consumers with whom such businesses do not have a direct relationship—to register annually with the Secretary of State. Data brokers also must provide consumers with specified information, including the name, e-mail, and Internet addresses of the data broker; whether the data broker permits a consumer to opt-out of personal information collection or data sales; the method for requesting an opt-out; activities or sales the opt-out applies to; and whether the data broker permits a consumer to authorize a third party to perform the opt-out on the consumer’s behalf. A statement specifying the data collection, databases, or sales activities from which a consumer may not opt-out and a statement as to whether the data broker implements a purchaser credentialing process must also be disclosed, among other disclosures. Data brokers also must implement and maintain a written information security program containing administrative, technical, and physical safeguards to protect personally identifiable information. Privacy of Personal Information Held by Internet Service Providers (ISPs)

See Also

2017-2020 Privacy Legislation Related to Internet Service Providers

Nevada and Minnesota require internet service providers specifically to keep private certain information concerning their customers unless the customer gives permission to disclose the information. Minnesota also requires ISPs to get permission from subscribers before disclosing information about the subscribers’ online surfing habits and Internet sites visited. Maine prohibits using, disclosing, selling, or permitting access to customer personal information unless the customer expressly consents to such. Maine also prohibits a provider from refusing to serve a customer, charging a customer a penalty, or offering a customer a discount.

  • Maine - 35-A MRSA § 9301 (effective 7-1-20)
  • Minnesota - Minn. Stat. §§ 325M.01 to.
  • Nevada - NRS § 205.498

Children’s Online Privacy

California

Calif. Bus. & Prof. Code §§ 22580-22582

California’s Privacy Rights for California Minors in the Digital World Act, also called the “eraser” bill, permits minors to remove, or to request and obtain removal of, content or information posted on an Internet Web site, online service, online application, or mobile application. It also prohibits an operator of a Web site or online service directed to minors from marketing or advertising to minors specified products or services that minors are legally prohibited from buying. The law also prohibits marketing or advertising certain products based on personal information specific to a minor or knowingly using, disclosing, compiling, or allowing a third party to do so.

Cal. Govt. Code §§ 6254 , 6267 and 6276.28

Protects a library patron’s use records, such as written records or electronic transaction that identifies a patron’s borrowing information or use of library information resources, including, but not limited to, database search records, borrowing records, class records, and any other personally identifiable uses of library resources information requests, or inquiries. Cal. Civil Code § 1798.

The California Reader Privacy Act protects information about the books Californians browse, read or purchase from electronic services and online booksellers, who may have access to detailed information about readers, such as specific pages browsed. Requires a search warrant, court order, or the user’s affirmative consent before such a business can disclose the personal information of its users related to their use of a book, with specified exceptions, including an imminent danger of death or serious injury.

Delaware

Del. Code § 1204C

Prohibits operators of websites, online or cloud computing services, online applications, or mobile applications directed at children from marketing or advertising on its Internet service specified products or services inappropriate for children’s viewing, such as alcohol, tobacco, firearms, or pornography. When the marketing or advertising on an Internet service directed to children is provided by an advertising service, the operator of the Internet service is required to provide notice to the advertising service, after which time the prohibition on marketing and advertising the specified products or services applies to the advertising service directly. The law also prohibits an operator of an Internet service who has actual knowledge that a child is using the Internet service from using the child’s personally identifiable information to market or advertise the products or services to the child, and also prohibits disclosing a child’s personally identifiable information if it is known that the child’s personally identifiable information will be used for the purpose of marketing or advertising those products or services to the child. e-Reader Privacy

Del. Code tit. 6, § 1206C

Protects the personal information of users of digital book services and technologies by prohibiting a commercial entity that provides a book service to the public from disclosing personal information regarding users of the book service to law enforcement entities, governmental entities, or other persons, except under specified circumstances. Allows immediate disclosure of a user’s book service information to law enforcement entities when there is an imminent danger of death or serious physical injury requiring disclosure of the book service information, and requires a book service provider to preserve a user’s book service information for a specified period of time when requested to do so by a law enforcement entity. Requires a book service provider to prepare and post online an annual report on its disclosures of personal information unless exempted from doing so. The Consumer Protection Unit of the Department of Justice has the authority to investigate and prosecute violations of the acts.

Arizona

Ariz. Rev. Stat. § 41-151.

Provides that a library or library system supported by public monies shall not allow disclosure of any record or other information, including e-books, that identifies a user of library services as requesting or obtaining specific materials or services or as otherwise using the library.

Missouri

Mo. Rev. Stat. §§ 182.815 , 182.

Defines “E-book” and “digital resource or material” and adds them to the items specified in the definition of “library material” that a library patron may use, borrow, or request. Provides that any third party contracted by a library that receives, transmits, maintains, or stores a library record may not release or disclose all or a portion of a library record to anyone except the person identified in the record or by a court order.

Privacy Policies and Practices for Websites or Online Services

California

Calif. Bus. & Prof. Code § 22575

Requires the operator of a commercial web site or online service to disclose in its privacy policy how it responds to a web browser ‘Do Not Track’ signal or similar mechanisms providing consumers with the ability to exercise choice about online tracking of their personal information across sites or services and over time. It also requires the operator to disclose whether third parties are or may be conducting such tracking on the operator’s site or service.

Calif. Bus. & Prof. Code § 22575-22578 (CalOPPA)

California’s Online Privacy Protection Act requires an operator, defined as a person or entity that collects personally identifiable information from California residents through an Internet Web site or online service for commercial purposes, to post a conspicuous privacy policy on its Web site or online service ( which may include mobile apps ) and to comply with that policy. The law, among other things, requires that the privacy policy identify the categories of personally identifiable information that the operator collects about individual consumers who use or visit its Web site or online service and third parties with whom the operator may share the information.

Cal. Civ. Code §§ 1798.130(5), 1798.135(a)(2)(A)

Requires certain companies to disclose specified information in an online privacy policy or policies if the business has an online privacy policy or policies and in any California-specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its internet website and update that information at least once every 12 months. Requires certain companies to include a description of a consumer’s rights pursuant to Section 1798.120, along with a separate link to the “Do Not Sell My Personal Information” Internet Web page in online privacy policies.

Cal. Ed. Code § 99122

Requires private nonprofit or for-profit postsecondary educational institutions to post a social media privacy policy on the institution’s Internet Web site.

Connecticut

Conn. Gen. Stat. § 42-471

Requires any person who collects Social Security numbers in the course of business to create a privacy protection policy. The policy must be “publicly displayed” by posting on a web page and the policy must (1) protect the confidentiality of Social Security numbers, (2) prohibit unlawful disclosure of Social Security numbers, and (3) limit access to Social Security numbers.

Delaware

Del. Code Tit. 6 § 205C

Requires an operator of a commercial internet website, online or cloud computing service, online application, or mobile application that collects personally identifiable information through the Internet about individual users residing in Delaware who use or visit the operator’s commercial internet website, online or cloud computing service, online application, or mobile application to make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application. An operator shall be in violation of this subsection only if the operator fails to make its privacy policy conspicuously available within 30 days after being notified of noncompliance. Specifies requirements for the policy.

Nevada

NRS § 603A.340

Requires operators of Internet websites or online services that collect personally identifiable information to identify the categories of information collected through its Internet website or online service about consumers who use or visit the site or service and the categories of third parties with whom the operator may share such information. Provides a description of the process, if any such process exists, for an individual consumer who uses or visits the Internet website or online service to review and request changes to any of his or her information that is collected through the Internet website or online service.

Oregon

ORS § 646.607

Makes it an unlawful trade practice if a person publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.

Other Laws Related to Disclosure or Sharing of Personal Information

In addition, California and Utah laws, although not specifically targeted to on-line businesses, require all nonfinancial businesses to disclose to customers, in writing or by electronic mail, the types of personal information the business shares with or sells to a third party for direct marketing purposes or for compensation. Under California law, businesses may post a privacy statement that gives customers the opportunity to choose not to share information at no cost.

  • California Civil Code §§ 1798.83 to .84 (“Shine the Light Law”)
  • Utah Code §§ 13-37-201 to -203

False and Misleading Statements in Privacy Policies Covers laws that expressly refer to false or misleading statements in online privacy policies. All 50 states also have Unfair and Deceptive Acts and Practices (UDAP) laws that can also apply to information posted online.

Nebraska

Neb. Stat. § 87-302(15)

Nebraska prohibits knowingly making a false or misleading statement in a privacy policy, published on the Internet or otherwise distributed or published, regarding the use of personal information submitted by members of the public.

Oregon

ORS § 646.607

Oregon’s law classifies the following as an unlawful trade practice if, a person, in the course of their business, vocation or occupation:

”…(12) Publishes on a website related to the person’s business, or in a consumer agreement related to a consumer transaction, a statement or representation of fact in which the person asserts that the person, in a particular manner or for particular purposes, will use, disclose, collect, maintain, delete or dispose of information that the person requests, requires or receives from a consumer and the person uses, discloses, collects, maintains, deletes or disposes of the information in a manner that is materially inconsistent with the person’s statement or representation.”

Pennsylvania

18 Pa. C.S.A. § 4107(a)(10)

Pennsylvania includes false and misleading statements in privacy policies published on Web sites or otherwise distributed in its deceptive or fraudulent business practices statute. Notice of Monitoring of Employee E-mail Communications, Internet Access or Location Information Connecticut, Delaware and New York require employers to give notice to employees prior to monitoring e-mail communications or Internet access. Colorado and Tennessee require states and other public entities to adopt a policy related to the monitoring of public employees’ e-mail. Hawaii prohibits employers from requiring employees to download a mobile application to the employee’s personal communication device that enables the employee’s location to be tracked or the employee’s personal information to be revealed.

Connecticut

Gen. Stat. § 31-48d

  • Employers who engage in any type of electronic monitoring must give prior written notice to all employees, informing them of the types of monitoring which may occur.
  • If an employer has reasonable grounds to believe that employees are engaged in illegal conduct and electronic monitoring may produce evidence of this misconduct, the employer may conduct monitoring without giving prior written notice.
  • Provides for civil penalties of $500 for the first offense, $1,000 for the second offense and $3,000 for the third and each subsequent offense.

Delaware

Del. Code § 19-7-705

  • Prohibits employers from monitoring or intercepting electronic mail or Internet access or usage of an employee unless the employer has first given a one-time written or electronic notice to the employee.
  • Provides exceptions for processes that are performed solely for the purpose of computer system maintenance and/or protection, and for court-ordered actions.
  • Provides for a civil penalty of $100 for each violation.

Hawaii

2021 H.B. 1253

Prohibits an employer, with certain exemptions, from:

  1. Requiring an employee or prospective employee to download a mobile application to the employee’s personal communication device that enables the employee’s location to be tracked or the employee’s personal information to be revealed as a condition of employment or continued employment; or
  2. Terminating, discharging, or otherwise discriminating against an employee for: (A) Refusing to download or refusing to consent to download to the employee’s personal communication device, a mobile application that enables the employee’s location to be tracked or the employee’s personal information to be revealed; or (B) Opposing any practice forbidden by this Act or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice prohibited under this Act.

New York

Civ. Rts Code § 52-C*2 (effective May 7, 2022)

  • Requires private sector employers who monitor or intercept telephone conversations or transmissions, electronic mail or transmissions, or internet access or usage of or by an employee by any electronic device or system, to give prior written notice upon hiring to all employees who are subject to electronic monitoring.
  • Provides for enforcement by the attorney general. Employers found to be in violation is subject to a maximum civil penalty of $500 for the first offense, $1,000 for the second offense and $3,000 for the third and each subsequent offense.

Colorado

Colo. Rev. Stat. § 24-72-204.5

  • Requires the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system to adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
  • The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under this part.

Tennessee

Tenn. Code § 10-7-512

  • Requires the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system to adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
  • The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under this part. Privacy Policies: Government Websites At least 16 states require government Web sites or state portals to establish privacy policies and procedures, or to incorporate machine-readable privacy policies into their Web sites.
State Statute
Arizona Ariz. Rev. Stat. Ann. § 41-4151, 41-4152
Arkansas Ark. Code § 25-1-114
California Cal. Govt. Code § 11019.9
Colorado Colo. Rev. Stat. § 24-72-501, 24-72-502
Delaware Del. Code tit. 29 § 9017C et seq.
Iowa Iowa Code § 22.11
Illinois Ill. Rev. Stat. ch. 5 § 177/15
Maine Me. Rev. Stat. tit. 1 § 14-A § 541- 542
Maryland Md. Gen. Prov. Code § 4-501
Minnesota Minn. Stat. § 13.15
Montana Mont. Code Ann. § 2-17-550 to - 553
New York N.Y. State Tech. Law § 201 to 207
South Carolina S.C. Code Ann. § 30-2-40
Texas Tex. Govt. Code Ann. § 10-2054.126
Utah Utah Code Ann. § 63D-2-101 , -102 , -103 , -104
Virginia Va. Code § 2.2-3800 , - 3801 , -3802 , -3803

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