However, the CCPA does allow businesses to maintain loyalty programs, freemium business models, and even to pay financial incentives to consumers for using their data if these programs adhere to certain parameters. The key consideration for these programs is that any difference in pricing or services, or any payments you offer, must be reasonably related to the value of the consumer’s data to your business. To provide an incentive program, you need to the explain your price or service differences, or the payments you provide, for the retention or sale of consumer data, including the program terms, how to opt in and out of the program, an estimate of the value of the consumer’s data, how you calculated that value, and how that value relates to your program features. Disclose these program terms where consumers will see them before they opt into a program, and make the disclosure disability accessible. A deep link to a relevant portion of your privacy policy is sufficient.
To calculate the value of the consumer’s data, consider factors such as the average value of the data in the marketplace, your revenue impacts from the sale, collection, or deletion of data, and your expenses related to data collection and to the provision of your incentive program. If you are unable to estimate the value of the consumer’s data in good-faith, or you cannot show that your program features are reasonably related that value, the CCPA prohibits you from offering the program.