Table of Contents
- California Online Privacy and Protection Act of 2003 (CalOPPA): applies to operators of commercial websites that collect the PII of California residents;
- California Privacy Rights Act (CPRA): The CPRA applies to businesses that collect the personal information of residents of California and do business in California and that meet one of the following factors:
- Has annual gross revenues of $25,000,000 or more;
- Derive 50% or more of its annual revenue from selling or sharing the personal information of California consumers; or
- Annually buy, sell or share the personal information of 100,000 or more California consumers or households.
- Nevada Revised Statutes Chapter 603A applies to data brokers and operators of commercial websites that collect the PII of Nevada consumers that purposefully directs their activities towards Nevada, consummates a transaction with the State of Nevada or a resident of Nevada, purposefully avails itself of the privilege of conducting activities in Nevada or otherwise engages in any activity that constitutes sufficient nexus with Nevada to satisfy the requirements of the United States Constitution;
- Delaware Online Privacy and Protection Act (DOPPA): applies to operators of commercial websites that collect the PII of Delaware residents;
- Virginia Consumer Data Protection Act (VCDPA – goes into effect on 1/1/2023): applies to persons that conduct business in Virginia or that produce products or services that are targeted to residents of Virginia and that:
- During a calendar year, control or process the PII of at least 100,000 residents of Virginia; or
- Control or process the PII of at least 25,000 Virginia consumers, and derive 50% of gross revenue from the sale of PII.
- Colorado Privacy Act (goes into effect 7/1/2023) applies to controllers of PII that conduct business in Colorado or produce or deliver commercial products or services that are intentionally targeted towards residents of Colorado and satisfy one of the following thresholds:
- Control or process the PII of 100,000 or more Colorado consumers during the calendar year; or
- Derive revenue or receive a discount from the sale of PII and collect or process the PII of 25,000 or more Colorado consumers.
- Connecticut SB6 (goes into effect on 7/1/2023): applies to persons that do business in Connecticut or that provide goods or services that are targeted towards residents of Connecticut and that during the previous year:
- Controlled or processes the personal data of 100,000 or more Connecticut residents; or
- Controlled or processed the personal data of 25,000 or more residents of Connecticut and derived more than 25% of their gross revenue from the sale of personal data.
- General Data Protection Regulation (GDPR): applies to you if you:
- Are located in the European Union;
- Offer goods or services to European Union residents, regardless of your location; or
- Monitor the behavior of European Union residents, regardless of your location.
- Personal Information Protection and Electronic Documents Act (PIPEDA): applies to organizations across Canada that collect, use, or disclose PII in the course of commercial activity. PIPEDA can also apply to non-Canadian companies that collect, use, or disclose the PII of Canadian residents.
- Quebec Law 25(goes into effect 9/1/2023): applies to persons who collect, hold, use or share personal information in the course of carrying on an enterprise within the meaning of Article 1525 of the Quebec Civil Code. Article 1525 defines “enterprise” as “the carrying on by one or more persons of an organized economic activity, whether or not it is commercial in nature, consisting of producing, administrating, or alienating property or providing a service.” This means that Quebec Law 25 will apply to both for-profit and nonprofit organizations that collect, hold, use or share the personal information of Quebec residents.
- Australia Privacy Act of 1988: applies to Australian organizations with annual turnover of more than AUD $3,000,000 and the organizations outside of Australia that have an Australian link. It also applies to the following Australian organizations even if they have turnover of less than AUD $3,000,000 per year:
- Private sector healthcare providers;
- Businesses that sell or purchase PII;
- Credit reporting bodies;
- Contracted service providers for Australian government contracts;
- Employee associations registered or recognized under the Fair Work (Registered Organisations) Act 2009;
- Businesses that have opted in to comply with the law;
- Businesses that are related to a business covered by the law; and
- Businesses prescribed by the Privacy Regulation 2013.
- Your name and contact information;
- What PII you collect;
- Purposes for which you will be using that PII;
- Whether you share PII and the categories of third parties with whom you share PII;
- The privacy rights provided to consumers;
- How a consumer can exercise their privacy rights;
- The legal bases for processing PII;
- How long you store PII;
- Whether you use PII for direct marketing and how individuals can opt out of such use;
- If you use PII for automated decision making or profiling, the logic involved in such automated decision making or profiling;
- Whether you intend to transfer PII outside of the European Union and where you intend to transfer it to; and
- If you have a Data Protection Officer, their contact details.
- The policy states that device information is collected, but does not list any other PII that is usually collected by websites through features such as contact forms and email newsletter forms (e.g. emails, phone numbers, physical addresses, or names);
- The policy states that information is used to fulfill orders, screen for fraud and communicate with the individual but it does not state that information could be used for direct marketing purposes;
- The policy states that information is shared with Shopify, Google Analytics and law enforcement but does not state that information could be shared with other commonly used third parties such as email marketing services providers, hosting companies, or shipping providers;
- The policy states that European Union residents have the rights of correction, updating, or deleting. However, it is missing the rights of access, portability, opting out, withdrawing consent, or lodging a complaint;
- The policy states that the legal bases under which information is processed are contracts and legitimate business interests, but does not provide for the consent legal bases, under which most businesses collect PII;
- The policy states that PII may be transferred to Canada and the United States, which may not be accurate for your business.
Shopify does not update policies as laws change