retina scan, facial scan or template, deoxyribonucleic acid
(DNA) information or gait. The term does not include any writing
sample, written signature, photograph, voice recording, video,
demographic data or physical characteristics, including height,
weight, hair color or eye color, if the information is not used
for the purpose of identifying an individual's unique
biological, physical or physiological characteristics.
"Business." The following:
(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 consumers' personal information, or on the behalf of
which such information is collected, that alone, or jointly
with others, determines the purposes and means of the
processing of consumers' personal information, that does
business in this Commonwealth and that satisfies one or more
of the following thresholds:
(i) Has annual gross revenues in excess of
$20,000,000.
(ii) Alone or in combination, annually buys,
receives for the business's commercial purposes, sells or
shares for commercial purposes, alone or in combination,
the personal information of 100,000 or more consumers.
(iii) Derives 50% or more of annual revenues from
selling consumers' personal information.
(2) An entity that controls, is controlled by or is
under common control with a business under paragraph (1) or
shares common branding with the business.
"Common branding." A shared name, servicemark or trademark.
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