PRIVACY RIGHTS AND CHOICES

Consistent with applicable law, you may have certain rights with respect to your Personal Information, which are described in further detail below. Please note that some of the rights may vary depending on the jurisdiction in which you reside.

Under certain consumer data privacy laws of some U.S. states, residents have specific rights regarding their Personal Information, also referred to as Personal Data. Likewise, under the General Data Protection Regulation (EU) 2016/679 (“EU-GDPR”) or the UK General Data Protection Regulation (“UK-GDPR”; collectively, “GDPR”), consumers who either (i) are in the EU or the UK or (ii) are affected by processing activities in the context of an establishment of Bobrick in the EU or the UK, have specific rights regarding their personal data.

Bobrick summarizes those rights that may be available to you and explains how to exercise those rights. The section will not apply, however, if Bobrick does not collect any Personal Information about you or if all of the information we collect does not fall within the protection of applicable law.

To exercise any of the rights described further below, please submit a request by either:

• Emailing us at: privacy@bobrick.com

• Submitting this data request form:

• Calling this toll-free number: (844) 886-4243

Only you, or sometimes someone legally authorized to act on your behalf, may submit a request to exercise your Personal Information rights. Your request must:

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

• Provide sufficient information, which will likely need to match information we previously collected from you, that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative (“Authorized Agent”). In some instances, we may ask you to provide a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. For requests seeking particularly sensitive information, we may require additional proof of identification.

If you would like, you may designate an Authorized Agent to make a request on your behalf. We will deny requests from agents that do not submit proof of authorization from you.  If you designate an Authorized Agent to make a request on your behalf, to verify that an authorized agent has authority to act for you, we may require:

• A copy of a power of attorney or require that you provide the authorized agent with written permission.

• You to verify your own identity with us directly.

We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it, except for record-keeping purposes. We will delete this information as soon as practicable after complying with the request.

Right to Know and Data Portability/Right of Access

You may have the right to request that we disclose certain information to you about our collection and use of your Personal Information (the “Right to Know”). You may also have the right to confirm whether we are processing your Personal Information and to access this Personal Information (the “Right to Access” and “Right to Data Portability”). Once we receive your request and confirm your identity, we will disclose to you, as requested:

• The categories of Personal Information we collected about you.

• The categories of sources for the Personal Information we collected about you.

• Our business or commercial purpose for collecting, selling, or sharing that Personal Information.

• The categories of recipients to whom we disclose Personal Information.

• The specific pieces of Personal Information we collected about you in a portable and readily usable format when Bobrick processes the information through automated or searchable means (also called a “data portability” request).

• In relation to data subjects protected by the GDPR, any further Personal Data that we are obliged to provide under Art. 15 GDPR.

Right to Delete 

You may have the right to request that we delete any of your Personal Information that you have provided or that we have collected from you and retained, subject to certain exceptions (the “Right to Delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception requiring us to retain the information applies. We may deny a deletion request if retaining the information is necessary for us or our service provider(s) to: 

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested or otherwise take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform a contract with you.

2. Help to ensure security and integrity to the extent the use of the consumer’s Personal Information is reasonably necessary and proportionate for those purposes.

3. Debug to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise the consumer’s free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that conforms or adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the ability to complete such research, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which the consumer provided the information.

8. Comply with a legal obligation.

Right to Correct Inaccurate Information

If we maintain inaccurate information about you, you may have the right to request correction of that inaccurate Personal Information, taking into account the nature of the Personal Information and the purposes of the Personal Information processing. We will use commercially reasonable efforts to correct this information. 

Right to Restriction of Processing

Data subjects protected by the GDPR under certain circumstances have the right to obtain restriction of processing; e.g. where (i) the accuracy of the personal data is contested, for as long as the accuracy is verified; (ii) the processing is unlawful and you oppose the erasure of the personal data; (iii) we no longer need the personal, but they are required by you for the establishment, exercise or defense of a legal claim; or (iv) you have objected to the processing pending the assessment of your objection.

Right to Withdraw your Consent

Where we process your personal data on the basis of your consent, you can withdraw your consent at any time. This will not affect the lawfulness of our processing activities based on your consent that happened before your withdrawal.

Right to Opt-In or Opt-Out of Sale / Right to Object

U.S. State Privacy Law gives consumers the right to request to opt out of the processing of Personal Information for purposes of (i) targeted advertising, (ii) the sale or sharing of Personal Information, and/or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. Likewise, under the GDPR, data subjects have the right to object (i) on grounds relating to his or her particular situation, certain processing activities, or (ii) processing activities for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing.

If you are age 16 or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by submitting a request online through this link.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted by U.S. State Privacy Law, we will not:

• Deny you goods or services.

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

• Provide you a different level or quality of goods or services.

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by U.S. State Privacy Law that can result in different prices, rates, or quality levels, such as offering coupons, discounts, promotions, other price reductions, or promotional offers for products and services in exchange for providing your Personal Information. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Do not provide your Personal Information if you do not want to opt in to these offers. After you receive a promotional offer, you may opt-out by contacting us. 

Response Timing and Format

We will confirm receipt of your request within 10 business days. If you do not receive confirmation within the 10-day timeframe, please contact privacy@bobrick.com. 

We endeavor to substantively respond to a verifiable consumer request within 30 days of its receipt. If we require more time (up to another 30 days), we will inform you of the reason and extension period in writing. In relation to a request under the GDPR, we will inform you on the action taken without undue delay and in any event within one month of receipt of your request.

We will deliver our written response by mail or electronically, at your option. 

If we cannot comply with your rights request, our response will explain the reasons we cannot comply, 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. 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Appeal Process

California residents may be able to submit an appeal of a decision to deny a rights request within a reasonable time of receiving the denial.  If you are a resident of one of these states and would like to submit an appeal, please email privacy@bobrick.com.

Data subjects protected under the GDPR also have the right to lodge a complaint with the supervisory authority. 

RETENTION OF PERSONAL INFORMATION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, to exercise legal rights and defend claims, or as necessary to resolve disputes. To determine the appropriate retention period for Personal Information, we consider applicable legal requirements, the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and whether we can achieve those purposes through other means.

DATA SECURITY

We maintain commercially reasonable safeguards to help protect Personal Information we have collected against accidental loss or unauthorized use, disclosure, alteration, or destruction.  We regularly review our data security practices and consider appropriate new technology methods to ensure compliance with federal and state data privacy and information security regulations.  We subject our systems to simulated intrusion tests, however, no security system or method of transmitting or storing electronic data is ever completely secure or impenetrable. In the event that your Personal Information is accessed or disclosed in an unauthorized manner we will notify you as required by applicable law.

CHILDREN’S ONLINE PRIVACY

We do not direct our website to minors and we do not knowingly collect Personal Information from children under 16 or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received Personal Information from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at privacy@bobrick.com.

CROSS BORDER DATA TRANSFERS

We are based in the United States. We may process, store, and transfer the Personal Information we collect in and to a country outside your own with different privacy laws that may or may not be as comprehensive as your own. 

If you are located outside United States and choose to provide information to us, please note that we transfer information, including Personal Information, to the United States. Where our processing of Personal Information in the US involves a transfer from either the EU or the UK, we ensure appropriate safeguards; e.g. by concluding agreements incorporating the EU Commission’s standard contractual clauses for international transfers and / or as the case may be the UK equivalent, where necessary with additional measures in order to ensure a level of data protection essentially equivalent to that in the EU / UK. 

We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Information.

FOR MORE INFORMATION

To ask questions about this policy, you can contact Bobrick at:

privacy@bobrick.com

CHANGES TO THIS POLICY

We may revise this Privacy Policy from time to time and will post the date it was last updated at the top of this Privacy Policy.

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LEGAL STATEMENT

This Web Site and its contents, unless otherwise indicated, are the sole property of Bobrick and/or its subsidiaries, and are protected, without limitation, to the fullest extent under both U.S. and foreign copyright and trademark laws.

BOBRICK MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS (WHETHER SUCH CONTENTS APPEAR ON THIS WEB SITE DIRECTLY, OR ARE INDIRECTLY MADE AVAILABLE TO THE USER OF THIS WEB SITE THROUGH PROVIDED LINKS TO OTHER SITES), AND THIS WEB SITE AND ITS CONTENTS ARE EXPRESSLY PROVIDED TO THE USER ON AN “AS IS – WHERE IS” BASIS. BOBRICK SIMILARLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THIS WEB SITE, ITS CONTENTS, AND ANY WEB SITE OR ITS CONTENTS WITH WHICH IT IS LINKED. BOBRICK ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION AND/OR DATA AND CONTENT ACCESSIBLE VIA THIS WEB SITE, OR ACCESSIBLE VIA ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. ALL PRICE INFORMATION, WHETHER PROVIDED BY THIS WEB SITE, OR BY ANY OTHER WEB SITE WITH WHICH IT IS LINKED, IS SUBJECT TO CHANGE WITHOUT NOTICE.

Bobrick’s web site includes, among other items, product information, and representative listings (with links being provided to the web sites of certain of the said representatives, where permission has been granted by them for Bobrick to display such links), as well as links (in the “Traffic” section) to certain shipping company web sites. The statements, limitations, and disclaimers made in the first two paragraphs of this Legal Statement expressly, and without limitation, apply to the same.

BOBRICK IS PROVIDING THE USE OF ITS WEBSITE ONLY AS A CONVENIENCE TO YOU, AND YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE BOBRICK WEB SITE, THAT ANY USE OF OR RELIANCE BY YOU UPON THE SITE IS UNDERTAKEN BY YOU AT YOUR OWN RISK. NEITHER BOBRICK NOR ANY OF ITS SUPPLIERS, OR CONTRACTORS SHALL BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES OR EVENT, FOR ANY DAMAGES OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF USE, LOSS OF DATA, LOSS OF ACCESS, LOSS OF INCOME OR PROFIT, OR LOSS OF OR DAMAGE TO PROPERTY), OR FOR ANY CLAIMS OF THIRD PARTIES, OR FOR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF BOBRICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR ANY WEB SITE WITH WHICH IT IS LINKED.

As noted, the links provided on this web site will allow you to leave Bobrick’s web site and to connect to web sites which are not under the control of Bobrick. Also as noted, Bobrick makes no representations or warranties, either express or implied, concerning the content contained in or provided by such other web sites, nor does Bobrick in any manner endorse any of these other web sites. Bobrick is providing these links to other web sites only as a convenience to you, and you acknowledge and agree, by your use of the Bobrick web site, that any use of or reliance by you upon the said other web sites is undertaken by you at your own risk. Bobrick has not tested any software found on these other web sites, and therefore cannot and does not make any representations and warranties, either express or implied, regarding the quality, safety (including, without limitation, the presence of any so-called “viruses,” “worms,” “trojan horses” or the like) or the suitability of any software found there. There are inherent dangers in the use of any software found on the internet, and Bobrick cautions you to make sure that you completely understand the risks involved before retrieving any such software on the internet.

You agree to defend, indemnify and hold harmless Bobrick from and against all claims and expenses, including reasonable attorneys’ fees, arising out of your use of Bobrick’s website. Bobrick reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide Bobrick with such cooperation as is reasonably requested by Bobrick.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Bobrick website, and/or the provision of content, services, and/or technology on or through the site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions, except to the extent that law is inconsistent with or preempted by federal law. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California for the adjudication of all claims.

Bobrick may modify these terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the website after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

This Privacy Statement and Legal Statement and any operating rules for the site established by Bobrick constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of the Privacy Statement and Legal Statement are for the benefit of Bobrick and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.