Page 74 - GDPR and US States General Privacy Laws Deskbook

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California Consumer Privacy Act of 2018 (as amended by the
California Privacy Rights Act of 2020) and Related Regulations
(b)  A business that chooses to use an Alternative Opt-out Link shall title the link, “Your Privacy Choices,” or, “Your California
Privacy Choices,” and shall include the following opt-out icon adjacent to the title. The link shall be a conspicuous link that
complies with section 7003, subsections (c) and (d), and is located at either the header or footer of the business’s internet
homepage(s). The icon shall be approximately the same size as other icons used by the business in the header or footer of
its webpage.
(c) The Alternative Opt-out Link shall direct the consumer to a webpage that includes the following information:
(1)  A description of the consumer’s right to opt-out of sale/sharing and right to limit, which shall comply with section 7003,
subsections (a) and (b); and
(2)  The interactive form or mechanism by which the consumer can submit their request to opt-out of sale/sharing and their
right to limit online. The method shall be easy for consumers to execute, shall require minimal steps, and shall comply
with section 7004.
Note: Authority cited: Section 1798.185, Civil Code. Reference: Sections 1798.120, 1798.121, 1798.135 and 1798.185, Civil
Code.
11 C.C.R. § 7016. Notice of Financial Incentive
(a)  The purpose of the Notice of Financial Incentive is to explain to the consumer the material terms of a financial incentive
or price or service difference the business is offering so that the consumer may make an informed decision about whether
to participate. A business that does not offer a financial incentive or price or service difference is not required to provide
a Notice of Financial Incentive.
(b) The Notice of Financial Incentive shall comply with section 7003, subsections (a) and (b).
(c)  The Notice of Financial Incentive shall be readily available where consumers will encounter it before opting-in to the
financial incentive or price or service difference. If the business offers the financial incentive or price or service difference
online, the notice may be given by providing a link that takes the consumer directly to the specific section of a business’s
privacy policy that contains the information required in subsection (d).
(d) A business shall include the following in its Notice of Financial Incentive:
(1) A succinct summary of the financial incentive or price or service difference offered;
(2)  A description of the material terms of the financial incentive or price or service difference, including the categories of
personal information that are implicated by the financial incentive or price or service difference and the value of the
consumer’s data;
(3) How the consumer can opt-in to the financial incentive or price or service difference;
(4)  A statement of the consumer’s right to withdraw from the financial incentive at any time and how the consumer may
exercise that right; and