Data Compiler Registers As 'Data Broker' In California, Supporting Opt-Out, Businesses' CCPA Compliance

Data aggregator Infutor registered as a "data broker" with the state of California to launch an opt-out service supporting retailers and other types of companies that collect personal data from consumers on their website.

The service aims to assist businesses in complying with the California Consumer Protection Act (CCPA) that went into effect Jan. 1, 2020. The enforcement data is July 1.

There are no direct relationships with consumers. The relationships are with the brands that work directly with consumers.

The data is sent from the retailer or company and Infutor monitors the data to adhere to the CCCP process, said Len Lombardo, chief information security officer at Infutor. “It allows the consumer to come back to the Infutor site to review the data collected about them,” he said.

It’s the responsibility of the company or retailer to allow their customers to opt out. Infutor has become the conduit to allow the consumer to do so. There are two ways to opt out -- either online or by phone -- and Infutor offers both.

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“The state of California is aware there are other companies like us and we believe it’s their intent to publish a list,” Lombardo said.

When asked whether the state has any intention of requiring the companies to create a joint public service announcement via broadcast or online media to inform California residents of this option, Dave Dague, Infutor CMO, said he wasn’t aware of any.

From a page on the Walmart website, it appears that consumers must opt out from each device and browser used to access the company’s website.

Walmart’s website, for example, now includes a link at the bottom of the home page that directs site visitors to the following: “The information you provide here will only be used to process your opt out of sale request. To assure the implementation of your request across all devices associated with your account, you should login to your account with each of your devices.”

For consumers who are not logged into their account while making a request and later clear their cookies from the Walmart website, the opt-out sales request must be resubmitted. 

The request will apply to future sales of personal information and will not impact sales made prior to the request.

The definition of "resident" seems a little sketchy, but the state has posted a document on the government website. It basically states that California residents pay tax on their California-sourced income. If someone is living in the state of California and earns money from anyone during the time of their stay in California, not including vacation stay, they are considered to be a part-time or full-time California resident. 

Vacation home owners who do not live in the state of California may want to know the definition of "resident." Residents are defined as receiving any financial compensation in the form of money, goods, property, and services that is not exempt from tax or adjusted gross income that consists of federal adjusted gross income from all sources, reduced or increased by all California income adjustments is more than the amounts shown on the chart on the website.

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