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Regional Privacy Rights

This notice explains how California, European Union, and United Kingdom privacy laws may apply to Fractional CMO and how we review our obligations as our business, visitor volume, and geographic reach change.

Current Applicability Status

Based on the compliance materials reviewed for FractionalCMO.com, the application of the California Consumer Privacy Act (CCPA), the EU General Data Protection Regulation (EU GDPR), and the UK GDPR has not been finally established from the records currently available. The compliance plan specifically calls for confirmation of California volume data and EU/UK client status before making a final legal determination. A July 2026 legal-compliance review in the connected records concluded that Fractional CMO is most likely below the CCPA thresholds at typical fractional-agency scale, but recommended keeping privacy-rights and opt-out mechanisms in place because inaccurate privacy statements and tracking risks can create obligations or exposure even when CCPA thresholds are not met. Accordingly, Fractional CMO uses the following approach:

  • Do not claim a statutory exemption as a certainty without the supporting revenue and California consumer/household counts.
  • Honor applicable privacy rights and maintain practical request channels even while threshold analysis is being reviewed.
  • Re-evaluate promptly when business scale, California activity, or EU/UK targeting changes.
  • Keep public privacy disclosures accurate to actual data collection, analytics, advertising, email, SMS, and service-provider practices.

California Consumer Privacy Act (CCPA)

The CCPA generally applies to a for-profit entity doing business in California that determines the purposes and means of processing California consumers' personal information and meets at least one statutory threshold. Current California Privacy Protection Agency guidance lists the following principal thresholds:

Threshold Current reference point

More than $26.625 million in annual gross revenue for the preceding calendar Annual gross revenue year (monetary threshold effective January 1, 2025).

Threshold Current reference point

California consumer / Buys, sells, or shares the personal information of 100,000 or more California

household volume consumers or households.

Derives 50% or more of annual revenue from selling or sharing California Revenue from sale / sharing consumers' personal information.

What is still needed for a final Fractional CMO determination: annual gross revenue for the relevant period; a defensible count of California consumers/households whose personal information is bought, sold, or shared; and confirmation of whether any revenue is derived from selling or sharing California personal information. Website traffic alone is not automatically the statutory test. The compliance sheet uses California visitor analytics as a practical monitoring input, but the legal threshold concerns covered California consumers or households and the company's applicable data practices.

EU GDPR – No Revenue Threshold

The EU GDPR does not use a revenue or visitor-count threshold like the CCPA. Under Article 3, it may apply to an organization outside the European Union when its processing is related to either (a) offering goods or services to people who are in the Union, or (b) monitoring their behavior while they are in the Union. For Fractional CMO, the key factual questions are:

  • Does Fractional CMO intentionally market, sell, or provide services to individuals or business contacts located in the EU/EEA?
  • Are there current EU/EEA clients, prospects, members, or campaign audiences whose personal data is processed in connection with the service?
  • Does Fractional CMO use analytics, advertising, profiling, or other technologies in a way that monitors the behavior of people in the EU/EEA?
  • Is there any establishment, representative, employee, or continuing business presence in the EU/EEA that changes the territorial analysis?

The records reviewed for this project do not provide a complete EU/EEA client-status or targeting inventory. Because of that gap, this notice does not state that EU GDPR is definitely applicable or definitely inapplicable.

UK GDPR

The UK GDPR follows a similar territorial approach. It applies to organizations operating in the United Kingdom and can also apply to organizations outside the UK when they intentionally offer goods or services to people in the UK or monitor their behavior there. The connected materials do not provide a complete UK client, prospect, or targeting inventory. Fractional CMO should therefore review UK GDPR applicability whenever it begins intentionally serving, targeting, or behaviorally monitoring individuals in the UK.

Privacy Rights We May Support

Where applicable law grants privacy rights, Fractional CMO will process valid requests consistent with that law. Depending on location and applicable law, those rights may include:

  • Access / know: request information about personal data we process about you.
  • Correction: request correction of inaccurate personal information.
  • Deletion: request deletion, subject to legal and operational exceptions.
  • Portability: request a portable copy of certain personal data where required.
  • Opt-out / objection: object to certain processing or opt out of sale, sharing, or targeted advertising where applicable.
  • Consent choices: withdraw consent for processing that relies on consent, without affecting prior lawful processing.
  • Regulatory complaint: contact the appropriate privacy or data-protection authority where that right exists.

Fractional CMO may choose to honor reasonable privacy requests as a matter of policy even where a particular statutory regime is not determined to apply, provided doing so is lawful and does not conflict with contractual, security, recordkeeping, or other legal obligations.

How to Exercise a Privacy Choice

If you have a question about Fractional CMO's handling of personal information or want to submit a privacy request, contact us using the information below. We may need to verify your identity before completing certain requests and may request information reasonably necessary to do so.

Fractional CMO
3419 Westminster Ave, Suite 367-G Dallas, TX 75205
support@fractionalcmo.com
(512) 768-9779

Last Updated: April 2, 2026