Virginia Consumer Data Protection Act Notice
Last Updated: 06/06/2023
1. Your Rights Under VCDPA
The VCDPA provides consumers with specific rights regarding their Personal Data. J. McLaughlin will usually be the controller of your Personal Data. If J. McLaughlin is acting as a processor of your Personal Data on behalf of another controller, please contact the entity that collected your Personal Data in the first instance regarding your rights under the VCDPA.
a) Right to Know About Your Personal Data
You have the right to request that we disclose the following kinds of information to you about our processing of your Personal Data.
- Whether we process your Personal Data, and to access your Personal Data.
b) Right to Data Portability
You have the right to obtain a copy of Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
c) Right to Request Deletion
You have the right to request deletion of Personal Data provided by you or otherwise obtained by us. We will honor such request but might not be able to fulfill your request if we (or our service providers) are required to retain your Personal Data. Examples of such exceptions are:
- Completing a transaction or performing a contract we have with you;
- Complying with our audit and substantiation purpose for transaction data;
- Detecting and addressing data security incidents, and repairing or upkeep of our IT systems;
- Protecting against fraud or other illegal activity;
- Complying with applicable law or a legal obligation, such as a preservation order, exercising rights under the law (e.g., the right to free speech), or defending legal claims; or
- Using your Personal Data internally to improve our Services.
d) Right to Request Correction
You have the right to request that we correct inaccurate Personal Data that we maintain about you. We will honor such request but might not be able to fulfill your request if it is impossible to do so or would involve disproportionate effort, or if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive.
e) Your Opt-Out Rights
You have the right to opt-out of the processing of your Personal Data for purposes of:
- Targeted Advertising;
- Sale of your Personal Data for monetary consideration (as defined under the VCDPA); and
- Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, the consumer.
J. McLaughlin does not sell Personal Data to third parties for monetary consideration (as defined in the VCDPA) but may engage in processing Personal Data for purposes of Targeted Advertising and/or Profiling.
2. Exercising Your VCDPA Rights
To exercise the rights described in Section 1 above, please submit a request to us by using one of the following methods:
- Click here and follow the instructions on the form
- Call our toll free number: +1 (844) 532-5625
236 - 250 Greenpoint Ave.
Building 6, 2nd Floor
Brooklyn, NY 11222
a) What we need to know to fulfill your request
To fulfill your request, we may need you to (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative; and (ii) 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 Data if we cannot verify your identity or authority to make the request and confirm the Personal Data related to you.
b) How you will hear back from us
We will confirm receipt of your request within then (10) business days of its receipt, and endeavor to respond within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. You may submit requests free of charge twice annually. If your requests are manifestly unfounded, excessive, or repetitive, we may charge a reasonable fee to cover the administrative costs of complying with a request or declining to act on a request. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.
c) Your right to appeal
If we decline your request, we will respond within forty-five (45) calendar days of its receipt and our response will explain the reasons we cannot comply with a request. You have the right to appeal within a reasonable period of time after you have received notice of this decision. You may appeal by contacting us through one or more of the methods set out in Section 4. We will get back to you within 60 days of receipt of an appeal and inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If we deny the appeal, we will provide you with a method through which you may contact the Attorney General to submit a complaint.
3. Changes to this VCDPA Notice
This VCDPA Notice is effective as of the date of the Last Update stated at the top of this VCDPA Notice. We may change this VCDPA Notice from time to time with or without notice to you. By visiting or accessing the Websites or the Services, or otherwise engaging or interacting with us after we make any such changes to this VCDPA Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your Personal Data is governed by the VCDPA Notice in current effect. Please refer back to this VCDPA Notice on a regular basis.
4. How to Contact Us
If you have any questions or comments about this VCDPA Notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under Virginia law, please do not hesitate to contact us at: