Definitions For purposes of this title: (a) âAdvertising and marketingâ means a communication by a business or a person acting on the businessâ behalf in any medium intended to induce a consumer to obtain goods, services, or employment. (b) âAggregate consumer informationâ means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. âAggregate consumer informationâ does not mean one or more individual consumer records that have been deidentified. (c) âBiometric informationâ means an individualâs physiological, biological, or behavioral characteristics, including information pertaining to an individualâs deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. (d) âBusinessâ means: (1) A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumersâ personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumersâ personal information, that does business in the State of California, and that satisfies one or more of the following thresholds: (A) As of January 1 of the calendar year, had annual gross revenues in excess of twenty-five million dollars ($25,000,000) in the preceding calendar year, as adjusted pursuant to subdivision (d) of Section 1798.199.95. (B) Alone or in combination, annually buys, sells, or shares the personal information of 100,000 or more consumers or households. (C) Derives 50 percent or more of its annual revenues from selling or sharing consumersâ personal information. (2) Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business and with whom the business shares consumersâ personal information. âControlâ or âcontrolledâ means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business; control in any manner over the election of a majority of the directors, or of individuals exercising similar functions; or the power to exercise a controlling influence over the management of a company. âCommon brandingâ means a shared name, servicemark, or trademark that the average consumer would understand that two or more entities are commonly owned. (3) A joint venture or partnership composed of businesses in which each business has at least a 40 percent interest. For purposes of this title, the joint venture or partnership and each business that composes the joint venture or partnership shall separately be considered a single business, except that personal information in the possession of each business and disclosed to the joint venture or partnership shall not be shared with the other business. (4) A person that does business in California, that is not covered by paragraph (1), (2), or (3), and that voluntarily certifies to the California Privacy Protection Agency that it is in compliance with, and agrees to be bound by, this title. (e) âBusiness purposeâ means the use of personal information for the businessâ operational purposes, or other notified purposes, or for
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