Privacy Notice for California Residents
Effective Date: 01-01-20
Last Reviewed on: 30-06-20
This Privacy Notice for California Residents supplements the information contained in the American Bath Group and its subsidiaries (ABG Hospitality, AKER by MAAX, Aquarius, Aquatic, Bootz, Briggs Bath, Clarion, Comfort Designs, Hamilton, Laurel Mountain, MAAX Bath, MAAX Spas, Renovative Bath Systems, Swan and all other secondary brands) (“ABG”, “we” or “us”) Privacy Policies and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
INFORMATION WE COLLECT
Personal Information. Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information“).
Categories of Personal Information. In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
|A name, signature, address, telephone number.
Some personal information included in this category may overlap with other categories.
|Records of personal property and products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
|Internet or other similar network activity.
|Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
|Physical location or movements
|Professional or employment-related information
|Current or past job history or performance evaluations
|Inferences drawn from other personal information
|Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Category Sources. Our Website obtains the categories of personal information listed above from the following categories of sources: (i) directly from you. For example, from forms you complete or products and services you purchase and (ii) indirectly from you. For example, from observing your actions on our Website.
USE OF PERSONAL INFORMATION
We do not sell your personal information. We may use, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
We engage in interest-based advertising and permit third party online advertising networks, social media companies and other third party services, to collect information about your use of our websites and mobile apps over time so that they may play or display ads on other websites, apps or services you may use, and on other devices you may use. We may also use third party services to collect information about your browser or device, or your online activity on our Service so that we may enhance or personalize your experience, better understand the demographics of our users and how they interact with our Service, evaluate the success of our marketing campaigns, track reporting, referrals and attribution, and similar activities.
Categories of Third Parties. We may also share your information as disclosed at the time you provide it and in the following circumstances with the following categories of third parties:
Third Parties. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Service providers and advisors: Third party vendors and other service providers that perform services for us, on our behalf (or on behalf of our partners), which may include hosting or operating our websites, identifying and serving targeted advertisements, providing mailing or email services, tax and accounting services, product fulfillment, payments processing, data enhancement services, fraud prevention, providing analytic services, sponsors or other third parties that participate in or administer our promotions, e-commerce activities, provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list), or assist with risk management, compliance, legal and audit functions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
Marketing Partners – In some cases, we may permit certain network advertising companies and publishers to collect personal information on our sites. In addition, our business partners may access personal information about you that we have combined with such business partners’ data. We may collaborate with our business partners to jointly send tailored promotional communications to you using the combined set of information.
Non-Personal Information – We may share non-personal information, such as aggregate user statistics, demographic information, and usage information with third parties.
Third parties at your request: You may choose to share your activities on American Bath Group with your friends through email, text or on various social media networks.
Product Suppliers: Third party product suppliers who may have a legitimate business or legal interest in receiving such information. For example, personal information may be shared with product suppliers to fulfill warranty service obligations, product recalls, or transaction tracking regarding shipments or leases of supplier products.
Because we operate as part of a global business, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services).
YOUR RIGHTS AND CHOICES
This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-800-664-6830
- Visiting https://www.americanbathgroup.com/privacy-rights-portal
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Response Timing and Format. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
No Fee. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.
To exercise the right to opt-out, you (or your authorized representative) may manage your communications preferences by using the opt-out or unsubscribe mechanism provided within the communications that you receive.
“Opt-out from future communications”
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you a different level or quality of goods or services; (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
American Bath Group
Attn: Compliance Department
435 Industrial Road, Savannah, TN 38372