When you start creating your Privacy Policy, the first set of questions will be used to determine what privacy laws apply to you, and thus what disclosures your Privacy Policy needs to contain. If you say "yes" to this question (do you do business in California?), then you may need to comply with the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA). Whether or not you do business in California depends on the specific facts of how and where you do business.
Generally speaking, "doing business in California" means one or more of the following:
- Actively engaging in any transaction in California for the purpose of financial gain;
- Having a business that is organized, incorporated or commercially domiciled in California;
- Having sales in California that exceed $583,867 or 25% of your total sales (whichever is less);
- Having property in California that exceeds $50,000 or 25% of your total property (whichever is less); or
- Paying compensation for employees in California in an amount that exceeds $50,000 or 25% of your total compensation for employees (whichever is less).
If you meet any of the criteria above, you should answer "yes" to the "do you do business in California" question.