What are the CCPA requirements for collecting email addresses in person at a brick and mortar store?
Summary
What email marketers say8Marketer opinions
Email marketer from Reddit user u/CCPA_advice explains that if you are collecting email addresses at point of sale, the collection form must clearly state what you are going to use the email address for. Further you should get express consent to send marketing material, this cannot be a pre-checked box.
Email marketer from onetrust.com responds that a business needs clear and conspicuous signage at the point of sale indicating that email addresses are being collected and providing a link to the privacy policy. This signage serves as the 'notice at collection' required by the CCPA.
Email marketer from wirewheel.io explains that Businesses collecting email addresses in person must provide a clear and easy method for consumers to opt-out of future communications. This could include providing an opt-out form at the point of collection or including instructions on how to opt-out in the initial email communication.
Email marketer from termly.io explains that the CCPA requires businesses to specify the purposes for collecting personal information. When collecting email addresses in person, the stated purpose must be clear and limited. For example, if collecting for sending receipts, it cannot be used for marketing without further consent.
Email marketer from securiti.ai shares that Businesses must maintain an inventory of all data collection processes, including in-person email collection, to ensure compliance with CCPA. This inventory should document the categories of data collected, the purpose of collection, and the methods for providing notice and obtaining consent.
Email marketer from trustarc.com says that businesses must train staff on CCPA requirements related to in-person data collection, including how to provide notice at collection and handle consumer rights requests. Lack of training can lead to compliance violations.
Email marketer from clarip.com shares that if email addresses collected in-person are intended to be used for marketing purposes beyond the immediate transaction, explicit opt-in consent is required. Pre-checked boxes or implied consent are insufficient under CCPA.
Email marketer from CCPAForum.com shares if you use a 3rd party to collect emails for you in store, then you must ensure that 3rd party is also CCPA compliant, and you are still liable for their actions.
What the experts say3Expert opinions
Expert from Email Geeks explains that there are several CCPA requirements that are trickier to fulfill at a brick and mortar collection, such as notice at collection. An existing address capture approach, or one imported from Nevada, likely won't comply.
Expert from Email Geeks shares that addresses given at PoS are, in many cases, absolutely filthy, and businesses operating a website but primarily interacting with customers in person at a retail location must offer in-store consumers a form that can be submitted in person to make CCPA rights requests. Businesses that substantially interact with consumers offline must also provide notice to the consumer by an offline method that facilitates consumer awareness of their right to opt-out, requiring companies with brick-and-mortar locations accept CCPA requests offline and have appropriate forms ready at retail locations to facilitate them.
Expert from Word to the Wise explains that under CCPA, if you collect email addresses at a brick-and-mortar store and intend to use them for marketing purposes, you need to obtain explicit consent from the consumer. This means clearly informing them about the purpose of the email collection and getting their affirmative agreement to receive marketing emails.
What the documentation says4Technical articles
Documentation from iapp.org explains that the CCPA requires businesses to provide consumers with a notice at collection, informing them about the categories of personal information being collected and the purposes for which the information will be used. This notice must be provided before or at the point of collection, and applies to in-person collection at brick and mortar stores.
Documentation from jdsupra.com states that companies with brick-and-mortar locations must accept CCPA requests offline and have appropriate forms ready at retail locations to facilitate them. This includes allowing consumers to request access to or deletion of their personal information collected in-store.
Documentation from leginfo.legislature.ca.gov clarifies that under the CCPA, 'personal information' is defined broadly and includes information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This definition encompasses email addresses collected in person.
Documentation from the State of California Department of Justice explains that consumers have the right to request access to and deletion of their personal information. Businesses must have processes in place to respond to these requests, even for data collected in person.