Privacy Policy

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Brondell, Inc. ("Brondell") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website located at www.brondell.com (the "Site") and our online services ("Services"). We have prepared this Privacy Policy to describe to you our own practices regarding the Personal Data (as defined below) that we collect from our Site and Services.

1) QUESTIONS; CONTACTING BRONDELL; REPORTING VIOLATIONS.

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following:

By email: privacyrequest@brondell.com

By postal mail:

Brondell, Inc.
Attn: COMPLIANCE
1830 Harrison Street
San Francisco, CA 94103

2) USER CONSENT

By visiting our Site, using our Services, or providing us with your Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

3) A NOTE ABOUT CHILDREN

We do not intentionally gather Personal Data from visitors who are under the age of 13. If we discover that a child under 13 has submitted Personal Data to Brondell, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at privacyrequest@brondell.com.

4) A NOTE TO USERS OUTSIDE THE UNITED STATES

Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding the processing of Personal Data may be less protective than the laws in your country. By providing your data, you consent to such processing and transfer.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information above.

Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above

5) A NOTE TO USERS IN CALIFORNIA

In accordance with California’s “Shine the Light” law, Civil Code section 1798.83 which requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes, Brondell will honor all deletion requests for Personal Data that is considered sensitive or valuable.

In addition to the “Shine the Light” law, the California Consumer Privacy Act will take effect as of January 1, 2020. If you are a California resident you have the right to:

- You have the right to request that we disclose the categories and the specific items of Data about you that we collect, use, disclose, and/or sell and that Data about you that we have collected, used, disclosed, and/or sold during the 12 months prior to your request.
- You also have the right to have the Data we collect about you deleted.
- You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
- We have listed the specific and general categories of information we have collected, disclosed, or sold in the last 12 months in sections 6 and 7 below. That section also lists the specific and general categories of Data we have disclosed to third parties for our business purposes. We do not sell your Data. However, we do disclose certain categories of Data to the merchants whose businesses you visit using the Services, all as described in the section 6 and 7 below.

For more information or if you would like to exercise your right to request the data that we have collected about you, please reach out to privacyrequest@brondell.com

6) TYPES OF DATA WE COLLECT

"Personal Data" means data that, by itself, allows someone to identify or contact you as an individual, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that does not, by itself, permit the identification of individual persons and that is not associated with or linked to Personal Data. We collect Personal Data and Anonymous Data, as described below.

Information You Provide to Us.

- We may collect your e-mail address and password when you create an account to log in to our network ("Account").
- When you order products or gift cards on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information, and shipping address information.
- If you subscribe to our e-mail newsletter, we will collect your e-mail address.
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in your e-mail to us, in order to send you a reply.
- When you post content on our Services such as a review, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your first name and last initial. The information that you provide will be visible to others, including anonymous visitors to the Site.
- If you have a warranty or support issue or utilize our repair and service center, we will have product and contact information as well as information about any repair or warranty work that was completed.
- We may also collect Personal Data at other points in our Site or Services that state that Personal Data is being collected.

Information Collected via Technology.

Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

To make our Site and Services more useful to you, our servers (which may be hosted by a third-party service provider) may collect information from your computer or device, including but not limited to:

- The date and time of your visit and the web pages and content you view and links you click on while navigating within our Services;
- Information about the type of content accessed via our Services;
- Your Internet Protocol (IP) address (a numerical address assigned to your computer by your Internet service provider so that other computers connected to the Internet can communicate with your browser online) that can sometimes be used to derive your general geographic area;
- Search terms you enter using our Services or on a referral site;
- Unique identifiers, including non-global mobile device identification numbers;
- Information about your device such as your device type, screen size, browser type, language and other settings, memory capacity, plug-ins, Internet domain, TCP configuration parameters, operating system, carrier code, time zone and the names, versions and package IDs of software installed on your device; and
- Information collected through cookies, pixel tags and other tracking technologies (see additional descriptions of these terms below).
- We may also collect your email address via cookies and pixels on the Website through the use of trusted third party partners. These partners may also combine your email information with other information they have access to such as mailing address so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect information about you, please contact privacyrequest@brondell.com to opt out.
- "Cookies". Like many online services we use cookies to collect information. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site and Services. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

-”Log Files”. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

- “Pixel tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.

- “Flash LSOs”. When we post videos, third parties may use local shared objects, known as “FLASH COOKIES,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. To learn how to manage privacy and storage settings for Flash Cookies, click here: HTTP://WWW.MACROMEDIA.COM/SUPPORT/DOCUMENTATION/EN/FLASHPLAYER/HELP/SETTINGS_MANAGER

-“Analytics Services”. We use third party analytics services (“ANALYTICS SERVICES”), to help analyze how users use our Site. The information generated by the Cookies or other technologies about your use of our Site (the “ANALYTICS INFORMATION”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Service’s ability to use and share Analytics Information is restricted by such Analytics Service’s Terms of Use and Privacy Policy. By using our Site, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at privacyrequest@brondell.com

Information Collected From You About Others

- If you send a gift card to a third party, we will collect both your and the third party’s name and e-mail address in order to send the third party an electronic gift card.

Information Collected From Third Party Companies

- We may receive Personal and/or Anonymous Data about you from certain third parties, such as demographic information from Facebook tools. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.

7) HOW DO WE USE YOUR PERSONAL INFORMATION?

General Use

In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us with product and warranty support on purchases you have made or support you have received. We never sell your personal data. We and our authorized service providers may use your Personal Data in various ways, including to:

- facilitate the creation of and secure your Account on our network;
- identify you as a user in our system;
- screen for potential risk or fraud;
- provide improved administration of our Site and Services;
- provide the products and Services you request;
- Issue product updates or notify you of any product safety issues or product recalls
- measure and analyze audience traffic and improve the quality of your experience when you interact with our Site and Services;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
- send you administrative e-mail notifications, such as security, or support and maintenance advisories;
- respond to your inquiries related to employment opportunities or other requests;
- send newsletters, surveys, offers, and other promotional materials and for other marketing purposes;
- help recognize you as a previous visitor and save and remember your preferences and settings and deliver appropriate interest-based content;
- understand whether our users read email messages and click on links within those messages;
- prevent potentially prohibited or illegal activities, comply with applicable law and enforce our Terms of Service; and
- for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

User Testimonials or Product/Company reviews
When you post product reviews on our Site, you will be identified by the Nickname information you provide. Please note that any Personal Data you include on a public area of the Site or within a review Nickname will be publicly viewable. Once displayed publicly, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put data such as private contact information which you do not want to make available to the public in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

Creation of Anonymous Data

We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

8) DISCLOSURE OF YOUR PERSONAL DATA

Third Party Service Providers

Our online retail store is hosted by BigCommerce. You acknowledge and agree that your use of the Service may include having your Personal Data transferred to and stored by BigCommerce pursuant to their privacy policy at https://www.bigcommerce.com/privacy/. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We may also share your Personal Data with other third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Brondell.

We may also collect your email address via cookies and pixels on the Website through the use of trusted third party partners. These partners may also combine your email information with other information they have access to such as mailing address so that we may serve relevant marketing offers to you via email and direct mail. If you do not want us to collect information about you, please contact

privacyrequest@brondell.com to opt out.

Affiliates

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures’, or other companies under common control with Brondell ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

Corporate Restructuring

We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, or divestiture of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

Social Networking Sites (SNS)

Our Services may enable you to post content to SNSs. If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

Other Disclosures

Regardless of any choices you make regarding your Personal Data (as described below), Brondell may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Brondell; (c) to protect or defend the rights or property of Brondell or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use. We may also share your Personal Data with other third party service providers to: provide you with the Services that we offer you through our Site; “to provide your with other products or services that may be of interest to you”; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Brondell. Please contact us at privacyrequest@brondell.com to opt out.

9) THIRD PARTY PAYMENT PROCESSING.

For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Braintree (HTTPS://BRAINTREEPAYMENTS.COM) ; PayPal (HTTP://WWW.PAYPAL.COM) ; and Amazon (https://pay.amazon.com/help/201754600). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to HTTPS://BRAINTREEPAYMENTS.COM/US/PRIVACY ; https://www.paypal.com/us/webapps/mpp/ua/privacy-full ; AND https://pay.amazon.com/help/201754600

10) THIRD PARTY WEBSITES.

Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

11) YOUR CHOICES REGARDING INFORMATION.

You have several choices regarding the use of information on our Service:

EMAIL COMMUNICATIONS. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.

If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

DE-LINKING SNS. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account.

CHANGING OR DELETING YOUR PERSONAL DATA. You may change any of your Personal Data in your account by contacting privacyrequest@brondell.com. You may request deletion of your Personal Data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud, warranty and consumer product safety or recall needs, or similar purposes.

12) YOUR CHOICES REGARDING INFORMATION.

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at /about-us/privacy-policy/ and we will change the "Last Updated" date above. You should consult this Privacy Policy regularly for any changes.