California Consumer Privacy Disclosures

Scope of Disclosures

These Additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California (“consumers” or “you”). 

These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”).  

Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.  

To the extent required by applicable law, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us by email at contact@colibrigold.com

We adopt this privacy policy to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this policy.

Personal Information Disclosures

When we use the term “personal information” in these CA Disclosures, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 

For the purposes of these CA Disclosures, personal information does not include: 

• Publicly available information from government records.
•  Deidentified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.
• Information excluded from the CCPA’s scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Information is covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. 
• Information relating to our job applicants, employees, contractors, and other personnel, is not governed by these Disclosures. 

Collection and Use of Personal Information

We collect various categories of Personal Information in connection with our services. Please review the Personal Information section of the Privacy Policy to learn more about the personal information we collect.

Please note: In addition to the categories of sources identified above, we may collect information from publicly available sources and other third-party information providers in order to supplement the information we have otherwise collected.

Purposes for Collecting Personal Information

 We collect, use, sell or disclose personal information about you for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, it allows you to place an order in-store or online, have it delivered to you, or provide you with the information that you request. In addition, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. 
• To fulfill your transactions or purchases (e.g., to process credit card payments in connection with your transaction).
• To communicate with you, including sending you service-related emails or messages and communications from or about Colibri Art Top, and to send you important information regarding the services, such as certain changes to our terms, conditions, policies, and/or other administrative information.
• To process your registration on our services, including verifying your information to ensure its accuracy and validity.
• To operate, maintain, and provide you with the features and functionality of the service. 
• To market to you, including through email or direct mail, and to inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, adding you to our email/mailing lists and permitting you to participate in sweepstakes, contests, and similar promotions (collectively, “Promotions”).
• To evaluate your eligibility for certain types of Promotions, offers, products, or services that may be of interest to you.
• To personalize your experience and to deliver custom content and product and service offerings relevant to your interests, including but not limited to targeted offers and ads through our website, email, social media channels, third-party sites, or other devices you may use.
• To better understand the demographics of our visitors.
• To recognize you and remember your information when you return to our website and service.
• To measure traffic and analytics on our services.
• To help maintain the safety, security, and integrity of our service, technology assets, and business.
• For our internal business purposes, such as data analysis, customer research, audits, fraud prevention, developing new products and/or features, enhancing the services, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns, including to inform our machine learning for purposes such as user engagement.
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Colibri Gold assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Colibri Gold about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

Disclosure of Personal Information

As described in our Privacy Policy, we share personal information with a variety of third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt-out of those sales (see The Right to Opt-Out of Personal Information Sales below). 

We disclose personal information to the following categories of third parties: 

• Service providers. We engage a number of third-party service providers that perform business or operational services for us or on our behalf and as needed to provide the services, such as website hosting, infrastructure provisioning, IT services, customer service, email delivery services, marketing and advertising services, and other similar services, subject to contractual terms restricting the collection, use and disclosure of your personal information for any other commercial purpose.  
• Promotional partners. We may disclose personal information to third parties with whom we partner to provide contests, surveys, joint promotional activities, or co-branded or co-sponsored services, and such disclosure is necessary to fulfill your request or application.
• Ad networks and advertising partners. We work with third-party Ad Networks and Advertising Partners to deliver advertising and personalized content to you on our service, on other sites and services you may use, and across other devices, you may use. These parties may collect information directly from your browser or device when you visit the Services through cookies or other tracking technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
• Analytics providers. We work with third-party analytics providers to better understand the demographics of our users and visitors and to personalize, enhance and improve our services.
• Social networks. We may disclose personal information, such as a unique identifier, hashed email address, or information automatically collected through tracking technologies, to social networks for the purpose of displaying personalized advertising and content on those social networks.
• Third parties at your request. We share your personal information with third parties with your consent or at your direction.  
• Law enforcement and third parties are pursuant to a legal request. From time to time, we may disclose personal information as reasonably necessary to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• Third parties in the context of a corporate transaction. We may disclose personal information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Colibri Gold’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Colibri Gold about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

  In the previous 12 months, we have not sold personal information as most people would typically understand that term. However, we do allow certain advertising networks, social media companies, and other third-party businesses to collect and disclose your personal information directly from your browser or device through cookies and related technologies when you visit or interact with our websites or otherwise engage with us online. Please see the Third-Party Tracking and Online Advertising section below for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online services, and the choices you may have in relation to those practices.

Your California Privacy Rights

As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law): 

The Right to Know	You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:  The specific pieces of personal information we have collected about you;  The categories of personal information we have collected about you;  The categories of sources of the personal information we have collected about you;  The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;  The categories of personal information we have sold about you (if any), the categories of third parties to whom this information was sold; and  The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Request Deletion	You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
The Right to Opt Out   of Personal Information Sales	You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future.  If you are under the age of 16, you have the right to opt-in, or to have a parent or guardian opt-in on your behalf, to such sales.
The Right to  Non-Discrimination	You have the right not to receive discriminatory treatment for exercising any of the rights described above.  However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you with our products or services or engage with you in the same manner.
“Shine the Light”	California residents that have an established business relationship with us have the right to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).

How to Exercise Your California Privacy Rights  

To Exercise Your Right to Know or Right to Deletion

To exercise your Right to Know or your Right to Deletion, please submit a request by email at contact@colibrigold.com. 

We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account.  We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request. 

In certain circumstances, we may decline a request to exercise the right to know and/or the right to deletion, particularly where we are unable to verify your identity.   

We also may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 );
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
• Comply with a legal obligation; or
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request if you are making the request on behalf of yourself or if you are making the request on behalf of someone else and emailing us at contact@colibrigold.com  with “Attn:  Privacy” in the subject line.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.  You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity and/or authority to make the request.

To Exercise Your Right to Opt-Out of Personal Information Sales

Unless you have exercised your Right to Opt-Out of Personal Information Sales, we may sell personal information to third parties for monetary or other valuable consideration. The third parties to whom we may sell personal information may use such information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties. 

As noted above, we do not sell personal information as most people think of that term. You may, however, exercise your right to opt out of any future potential sales.

 You do not need to create an account with us to exercise your Right to Opt-Out of Personal Information Sales. However, we may ask you to provide additional personal information so that we can properly identify you in our dataset and track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you chose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. 

Once you make an opt-out request, you may change your mind and opt back into personal information sales at any time by contacting us at contact@colibrigold.com

As mentioned above, if you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”).  We do not sell the Personal Information of Users we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age or the parent or guardian of a consumer less than 13 years of age.  Users who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by emailing us at contact@colibrigold.com  with “Attn:  Privacy” in the subject line.

You do not need to create an account with us to exercise your opt-out rights. We will only use the Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you with a different level or quality of goods or services; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects.  Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Response Timing and Format

We try to respond to verifiable consumer requests within forty-five (45) days of receipt.  If we require more time, we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the verifiable consumer request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to a verifiable consumer request unless such a request is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Third-Party Tracking and Online Advertising

We utilize third-party partners to engage in online advertising. These ad networks, social media companies, and other third-party businesses collect your personal information directly from your browser or device through cookies or similar tracking technology when you visit or interact with our websites, use our apps, or otherwise engage with us online. For example, they may collect Internet/Network information, such as a cookie or device ID, browsing history and website usage, Geolocation Data, and Inferences generated from your browsing history and interactions with our service as well as other sites and services.  These third-party businesses use your personal information to serve relevant ads on our site, on other websites or mobile apps, or on other devices you may use, or to personalize content and perform other advertising-related services such as reporting, attribution, analytics, and marketing research. These third parties may use such personal information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties, including other advertising networks. 

Please see our Cookie Policy for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online services, and the choices you may have in relation to those practices.

Minors Under Age 16.  

We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age or the parent or guardian of a minor less than 13 years of age. Please contact us at  contact@colibrigold.com to inform us if you, or your minor child, are under the age of 16.   

California’s ”Shine the Light” Law

At the time of this writing, we do not provide your personal information to third parties for their direct marketing purposes, as described in California’s “Shine the Light” law (Civil Code Section §1798.83). Please note that to opt-out of all disclosures to third parties for direct marketing purposes, you must provide your personal information to be added to our suppression list.

California Civil Code Section 1798.83, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to contact@colibrigold.com  with “Attn:  Privacy” in the subject line.

If you are under 18 years of age, reside in California, and have a registered account with our site, you have the right to request the removal of unwanted data that you publicly post on our site. To request the removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

To request any other changes or information about our collection, use, or disclosure of your information, please email us at contact@colibrigold.com with “Attn:  Privacy” in the subject line.

Authorized Agent

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf where (i) you provide sufficient evidence to show that the requestor is an authorized agent with written permission to act on your behalf and (ii) you successfully verify your own identity with us. 

Updates to These CA Disclosures

We will update these CA Disclosures from time to time. All changes shall be effective from the date of publication unless otherwise provided in the notification.

Contact Us

If you have any questions or requests in connection with this Notice or other privacy-related matters, please send an email to contact@colibrigold.com