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Bodum USA, Inc.
Effective as of March 1, 2017
When we refer to “BODUM®,” “we,” “us” or “our,” we mean Bodum USA, Inc. or the specific division, subsidiary or affiliate that operates this Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
BODUM® will not knowingly accept any information from an individual under the age of thirteen (13) years. In compliance with the Children’s Online Privacy Protection Act (COPPA), any information that BODUM® may receive from any individual who is reasonably believed to be under the age of 13 will be deleted. If you are under the age of 13, please do not provide any Personal Information through the Sites. If you are under the age of 13 and have already provided Personal Information through the Sites, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.
I. The Types of Information We Collect
The web servers that serve the Site may gather certain navigational information about where visitors go on our Sites and information about the technical efficiencies of our Sites and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Sites. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.
You can visit our website without providing Personal Information. In this case, we will only collect access data, such as the name of your Internet service provider, the page from which you are visiting us, the browser type/version/language, and a few other pieces of technical information or the name of the file you requested. This data is technically required in order for us to provide our offerings on this Site. In order to operate the Sites and provide you with information, products and services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” as used herein refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our “Contact Us” forms, surveys, applications, account set-up and enrollment forms or similar online fields. Examples of Personal Information may include your name, postal address, e-mail address, telephone number, Social Security number, date of birth, financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age).
For each user who registers an account, we set up password-protected, direct access to that user’s saved inventory data (“Customer Account”). Here, you can review data about your completed, open and recently submitted orders and manage your address data and newsletter preferences. You can also send out wish lists through your Customer Account, and rate products.
When you order a product on this Site, we will collect, save and process your Personal Information for the complete processing and billing of your purchase. For your order, we will need your correct name, address and payment data. We need your email address in order to confirm your order and to communicate with you. We also use it for identification (customer login). In addition, you will receive your order and shipment confirmation through your email address.
II. How We May Collect Your Information
Information You Provide to Us
We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us. We may also gather such Personal Information through your access to certain web pages or your accounts online, as well as your asking questions through our “Contact Us” section. Personal Information that we may collect about you through online interaction includes information that you input or provide to us through such access, such as your name, address, e-mail address and other contact information, as well as bank information and other financial institution account numbers, billing address and Social Security numbers. We may also collect data resulting from your activity, such as transaction information and page views.
Your IP Address
Like most e-commerce websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Sites, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Sites, and with information acquired from our joint marketing partners, third parties and our affiliated companies.
We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for recordkeeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of our Sites, and it also permits us to automate the access and data entry functions of our Sites (e.g., login information), and to tailor the appearance or presentation of this Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using our Sites unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on our Sites, use or conduct a transaction through our Sites, or identify yourself or the computer you are using through our Sites.
Most or all browsers permit you to disable or reject cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can do this by adjusting your preferences in the browser. BODUM® does not track its Site users over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the opportunity to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third-party websites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access our Sites or use the full functionality of our Sites, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Sites. If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate our Sites.
We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Site. This permits us to display content based upon what you view on our Site to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to our Sites. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of our Sites, how visitors navigate throughout our Sites and how we may tailor our web pages to better meet the needs of visitors.
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access our Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
Information Other Websites Collect from You
Our Sites integrate plugins, widgets and other features from various social networks, including:
- Twitter Tweet Button, widgets and other features, allowing your interaction with the Twitter social network provided by Twitter, Inc. (Twitter’s privacy practices can be viewed at https://twitter.com/privacy.)
- Facebook Like Button, social widgets and other features allowing interaction with the Facebook social network as provided by Facebook, Inc. (Facebook’s privacy practices can be viewed at https://www.facebook.com/about/privacy/.)
- Instagram badges, social widgets and other features allowing interaction with the Instagram social network provided by Instagram, LLC (Instagram’s privacy practices can be viewed at https://www.instagram.com/about/legal/privacy/).
- Pinterest buttons social widgets and other features allowing interaction with the Pinterest social network provided by Pinterest, Inc. (Pinterest ‘s privacy practices can be viewed at https://about.pinterest.com/en/privacy-policy).
III. How We Use Your Personal Information [Bodum – Please confirm the accuracy of this description of how Personal Information will be used.]
We may use your Personal Information to help us improve our product and service offerings, to improve our Sites’ functionality, process queries on our Sites, to contact you when necessary in connection with products or services you accessed or inquired about via our Sites, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties. We use information about our users’ activities and usage of our Sites in anonymous, statistical or aggregated form (i.e., in a form that does not enable the identification of a specific user) (“Aggregated Data”) to operate our Sites, to improve the quality of the Sites, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes. We also use Aggregated Data collected on our Sites, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to our service providers or business partners.
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e‑mails directly regarding their products and services, sales and other promotions. We will include information in each commercial e‑mail that allows you to opt out of receiving future communications.
If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.
By engaging in any kind of activity on our Sites that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
We may use demographic information to tailor our Sites and communications to the interests of our users. We may share such anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to access your demographic information on a non-anonymous basis.
IV. Disclosure of Information
BODUM® may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of BODUM®’s rights, (e) protect the rights, property or safety of BODUM® and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against BODUM®, or (g) protect the security and integrity of our Sites.
We may also disclose personal, financial and other information that you have provided to us to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Please note that no attorney/client or similar relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a Site, will be subject to any confidentiality obligation or privilege against disclosure.
BODUM® reserves the full and unrestricted right to use and disclose anonymized information to the extent permitted by applicable laws; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, BODUM®’s internal use and research.
Your Personal Information will be deleted – as long as statutory storage requirements do not oppose this and if you assert a deletion claim – once the Personal Information is no longer required to fulfill the purpose for which the Personal Information was stored or if for statutory reasons it is no longer permissible to store the Personal Information.
V. Authorized Third Parties
VI. Supplementation of Information
We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, information we obtain through the Sites may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.
VIII. Account and Password Security
You may establish a unique user name and password (“Credentials”) while completing a registration process for certain portions of our Sites. It is your responsibility to safeguard and protect your Credentials and to monitor use of these Credentials for all purposes. You accept all responsibility for maintaining the security of your Credentials and for all utilization of the Site via your Credentials, with or without your knowledge or consent. You agree to (a) immediately notify BODUM® of any unauthorized use of your Credentials or any other breach of security; (b) ensure that you log out and exit completely from your account at the end of each session; and (c) notify BODUM® immediately if you have lost your Credentials or wish to terminate your access or have your Credentials changed.
IX. Our Security Precautions; Geographic Location of Information
BODUM® will take reasonable precautions to protect Personal Information provided to us through the Sites from loss, misuse, unauthorized access, disclosure, alteration and destruction. BODUM® has put in place appropriate physical, electronic and managerial procedures to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary.
While BODUM® strives to undertake reasonable and necessary efforts to secure Personal Information provided to us through our Sites, even such security measures do not guarantee the security of all Personal Information, and BODUM® cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond BODUM®’s reasonable control.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
X. International Users
XI. Notice Regarding Unauthorized Access or Disclosure of Personal Information
For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our reasonable judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
XII. Site and Service Updates
We may send to you updates and service announcements about our Sites, but you may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the products and services offered through the relevant Site(s).
XIII. Correcting or Updating Personal Information
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging onto your Customer Account, you may contact us through the “E-mail Us” form at [email protected] and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of our Sites.
You may additionally opt out of receiving e‑mail communications by using the opt-out instructions included in an e‑mail you may receive from us. Please note that changing or deleting your Personal Information through the Sites, or otherwise opting out of receipt of e‑mail communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete Personal Information already submitted or collected as part of a product purchase in our transactions database, which may be shared with our third-party service providers regardless of your e‑mail preferences.
XV. California Residents’ Privacy Rights
California law requires that we obtain your affirmative consent before we share your nonpublic personal information with non-affiliated third party companies. However, we do not currently share information about you with any non-affiliated third party that triggers this consent requirement. Accordingly, there is no need at this time for us to seek your consent or for you to take any affirmative action telling us not to share such information with non-affiliated third parties. If you are a California resident, you may request that we provide to you (i) a list of the categories of Personal Information about you that we have disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail [[email protected]].
XVIII. Contact Us
BODUM USA, Inc.
601 West 26th Street, Suite 1250
New York, NY 10001
Attn: Privacy Officer