Harmont & Blaine
PRIVACY POLICY
Last updated: May 28, 2020
ACM Americas Corporation D/B/A Harmont & Blaine (“Harmont & Blaine,” “we,” “us” or the “Company”) operates this website (the “Site”) at www.acmamericas.com, which provides information regarding Harmont & Blaine and its products (collectively, the “Products”) and also provides for online purchasing of Products. The Site is intended for use by adults over the age of 18.
Harmont & Blaine maintains this information privacy policy explaining how “Personal Information” (as defined below) provided to Harmont & Blaine via the Site is used and disclosed.
THIS PRIVACY POLICY IS PART OF HARMONT & BLAINE’S TERMS AND CONDITIONS OF USE (THE “TERMS”), AND YOUR CLICKING “I AGREE” WITH RESPECT TO THE TERMS AS PART OF YOUR REGISTRATION AS A USER OF THE SITE, YOUR USE OF THE SITE AND/OR THE PURCHASE OF ANY PRODUCTS OR SERVICES VIA THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF THIS PRIVACY POLICY AND YOUR CONSENT TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS DESCRIBED HEREIN.
General
Online privacy concerns focus on the protection of “Personal Information” from unauthorized use. As the term suggests, “Personal Information” is information which can be associated with a specific individual, including, for example, Personal Information such as a user’s name, address, photograph, driver’s license number, telephone number, e-mail address, and information about online activities that are directly linked to them.
It is common practice and often a necessity for companies or other organizations to collect Personal Information in order to conduct business and offer services. Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy notice explaining our online information practices and the choices you can make about the way your information is collected and used. We understand that a great deal of trust is placed with us when you purchase our Products and we make it our highest priority to safeguard your Personal Information.
Except as described herein, Harmont & Blaine will not sell, trade, or disclose to third parties any Personal Information derived from registration on, or use of, the Products without additional permission from you (except as required by subpoena, search warrant, or other legal process or in the event that such user is engaging in unlawful activity or activity that violates the Terms of Use of the Site).
The Information We Collect:
This Privacy Policy applies to all information collected or submitted on this Site or provided to us in our stores.
Personal Information. On some pages, you can purchase Products, make requests, register to become a user, request to receive materials, interact on social media and receive email newsletters, promotions and specials.
The types of Personal Information collected at these pages are:
-Name
-Address (e.g. for billing and shipping)
-Email address
-Phone number
-Other information which is required to complete your purchase order or otherwise fulfill your request.
Device Information. We may collect information about devices you use to access the Products and how you use the Products, such as your Internet Protocol (“IP”) address and which websites you visited before accessing our Products.
Performance and Log Data. Our servers automatically record information created by your use of our Products, which may include information such as, but not limited to, your IP address, browser type, operating system, command line information, diagnostic information related to the Products (i.e., crash activity reports), the referring web page, pages visited, location, your mobile carrier, device and application IDs, and search terms. For instance, when we send you an email, we may collect certain information including the nature of the email, whether you opened our email, action you took upon receipt of our email (e.g., whether you opened it or deleted it), or your name and contact information.
We generally keep Personal Information for as long as we believe necessary for the purpose for which it as collected or as allowed by law.
How and Why We Use Your Personal Information:
- To Provide Our Products to You. We process your Personal Information to inform you about our Products and in order to provide our Products. Without your Personal Information, we cannot complete your orders for the Products or provide our Products to you. We use the Personal Information that you provide about yourself when placing an order to complete and fulfill your order. We do not share such information with outside parties except to the extent necessary to complete and fulfill your order. We use the Personal Information that you provide about someone else when placing an order only to ship the product and to confirm delivery.
- To Respond to Your Inquiries. We use your return email addresses to answer the email we receive or otherwise communicate with you regarding the Site, your use of the Site or a request from you. Such addresses are not used for any other purpose and are not shared with outside parties. We process your Personal Information when you contact us, such as with questions, concerns, feedback, disputes or issues. Without your Personal Information, we cannot respond to you or ensure your continued use and enjoyment of the Products.
- To Enforce Our Terms or Agreements. We process your Personal Information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Site or involving our Products; investigate, prevent, or mitigate violations of our Terms, agreements or policies; and enforce our agreements with third parties and partners. We cannot provide our Products in accordance with our Terms, agreements or policies without processing your Personal Information for such purposes.
- To Ensure the Security of the Service. We are committed to ensuring security and continued enjoyment of our Site and Products. To do so, we process your Personal Information to: combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not access your account with us. We cannot ensure the security of our Site if we do not process your Personal Information for security purposes.
- To Personalize Your Experience on the Products. We may provide you with third-party services, plugins, and many other options to personalize your experience with respect to the Site or our Products. In addition, we also use cookies and similar tracking technology for such purposes – please see our Cookie Policies below for more information. By personalizing the Site, you get to enjoy the Site even more because we keep track of your preferences (e.g., your language selection, your time zone, etc.). Without processing your Personal Information for such purposes, you may not be able to access or personalize part or all of the Site.
- For Research and Development Purposes. To continue to provide you with our innovative Products, we collect information about the way you use and interact with our Products for research and development purposes. Research and development help us improve our Products, and make new Products and customized features or Products. We take additional security measures when processing your Personal Information for such purposes, by de-identifying or pseudonymizing your information, limiting access to personnel that may conduct research and development, and applying other technical, physical, and administrative security measures.
- For Potential Employment. We process your Personal Information when you seek employment with us to evaluate you as a candidate for the position. Without your Personal Information, we cannot evaluate your qualifications for employment.
- To Engage in Marketing Activities. We want to share information regarding our Products with you, and to do so we may process your contact information or information about your interactions on our Products to: send you marketing communications; provide you with information about events, webinars, or other materials; deliver targeted marketing to you (please see our Cookie Policy for more information about interest-based advertising); and, keep you updated about our products and Products. You can register an email address and mailing address with our Site if you would like to receive our newsletter emails as well as updates on new products, specials and services. Personal Information that you submit on this Site will not be used for this purpose unless you indicate to us that you wish to receive these emails. You can opt-out of our marketing activities at any time and free of charge.
Non-Identifying Aggregate Information. We use non-identifying and aggregate information to better design our Site and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our Site, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we do not use or share Personal Information provided to us online in ways unrelated to the ones described herein without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Sharing Your Personal Information with Third Party Service Providers:
We do not share your Personal Information, except as disclosed in this Privacy Policy or as otherwise authorized by you or as required by law, court order or other legal or law enforcement requirement. We may share your Personal Information with our subsidiaries and affiliated companies and with third parties as necessary in order to process your orders for the Products. When you use our Products we may require that you transact directly with the applicable third party vendor, or may have to provide Personal Information to the third-party vendor in order to process your purchase of the applicable products or services. Such third parties have their own privacy policies and terms and conditions and the use of your Personal Information by them is subject to such privacy policies and terms and conditions. Payment processing for purchases of Products via our Site is handled by a third-party payment processing service provider and you will be required to provide them with your payment card or other payment information in order for them to process your payment for your orders. [We do not collect or store your credit card or other payment processing information via the Site.]
Our Commitment to Data Security:
Harmont & Blaine has implemented technology and security features in an effort to safeguard the privacy of your Personal Information from unauthorized access or improper use, and Harmont & Blaine will seek to continue to enhance its security procedures as new technology becomes available. We use secure sockets layer technology to protect the transmission over the Internet of your payment card data. If you are using a web browser or firewall that does not permit communications through secure sites you may not be able to make purchases on our Site. You acknowledge and agree that perfect security is not possible and your Personal Information could still be accessed and used by others without authorization. Your access and use of the Site and/or purchase of Products from us via the Site or at our stores constitutes your agreement that Harmont & Blaine is not and shall not be responsible for any such unauthorized access and use of your Personal Information.
Our Policy On Cookies and Other Tracking Technologies:
Cookies and similar tracking technologies, such as beacons, scripts, and tags, are small bits of code, usually stored on a user’s computer hard drive or device, which enable a website to “personalize” itself for each user by remembering information about the user’s visit to the website. As described in more detail below, our Site uses cookies to store your preferences, display content based upon what you view on our Site to personalize your visit, analyze trends, administer the Site, track users’ movements around the Site, serve targeted advertising and gather demographic information about our user base as a whole. On mobile websites and mobile apps, we may use Anonymous Device IDs and/or Advertiser Identifiers in a manner similar to our use of cookies on our websites. Although these activities involve profiling of you as a user, we use this information for the purposes described. Given the nature of our Site and services, and the limited amount of Personal Information we obtain about you, this profiling activity does not produce legal effects for you nor otherwise does it significantly affect you. Nevertheless, to opt-out of advertising and certain other cookies, please see the links below.
Harmont & Blaine Cookies (First Party Cookies): We, at Harmont & Blaine, use our cookies to improve your web-browsing experience. For example, we may use a cookie to reduce the time it takes for you to submit purchase requests by storing a registered user’s e-mail address so that the user does not need to enter their e-mail address each time that they log-in to Harmont & Blaine. We will also use a cookie to keep track of your search criteria while you are engaging Harmont & Blaine’s services. Harmont & Blaine cookies are associated with a user’s Personal Information. However, no third party may use the information we collect through our Harmont & Blaine cookies for their own purposes.
Third Party Cookies: We work with third-parties that place cookies on our Site to provide their services, including:
- Ad Targeting: We work with third-party advertising companies to serve ads while you are visiting our Site and permit these companies to place and access their own cookies on your computer in the course of serving advertisements on this Site. These companies may use information obtained through their cookie (which does not include your name, address, e-mail address or telephone number) about your visits to our and other websites, in combination with non-personally identifiable information about your purchases and interests from other online sites in order to provide advertisements about goods and services of interest to you. Other companies’ use of their cookies is subject to their own privacy policies and not ours. Data Providers: We also allow data providers to collect web log data from you (including IP address and information about your browser or operating system), when you visit our Site, or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information or Personal Information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address that we may share with data providers solely in hashed, non-human readable form.
- Analytics/Measurement: We also use third-party analytics cookies to gain insight into how our visitors use the Site, to find out what works and what does not, to optimize and improve our Sites and to ensure we continue to be interesting and relevant. The data we gather includes which web pages you have viewed, which referring/exit pages you have entered and left from, which platform type you have used, date and time stamp information, and details such as the number of clicks you make on a given page, your mouse movements and scrolling activity, the search words you use and the text you type while using our Site. We also make use of analytics cookies as part of our online advertising campaigns to learn how users interact with our website after they have been shown an online advertisement, which may include advertisements on third-party websites.
- Remarketing Pixel Tags and other technologies: In addition, we may share web site usage information about visitors to our Site with third-party advertising companies for the purpose of managing and targeting advertisements and for market research analysis on our Site and other sites. For these purposes, we and our third-party advertising companies may place or recognize a cookie on your computer, device or directly in our emails/communications or may place pixel tags (also called clear gifs) on some of the pages you visit on our Site. We will then use the non-personally identifiable information that is collected using these pixel tags to serve you relevant advertisements when you are visiting other sites on the Internet. These advertisements may be targeted to specific searches you conducted on Harmont & Blaine during earlier browsing sessions.
- Flash Cookies: Our partners, who provide certain features on our site or display advertising based on your browsing activity, also use local shared objects such as Flash cookies, and local storage such as HTML5, to collect and store content information and preferences. Various browsers may offer their own management tools for removing HTML5 local storage.
Controlling Cookies:
We provide you with choice over the use of cookies as described in this Privacy Policy. However, our Site is not currently configured to respond to Do Not Track signals. If you’d rather we didn’t use Harmont & Blaine cookies when you visit us, configure your browser settings to reject cookies.
We may share information relating to users of the Products with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
Non-U.S. Users; European Users:
The Products are directed to users located in the United States. If you are located outside of the United States and you choose to use the Products or provide your Personal Information to us, your Personal Information may be transferred to, processed and maintained on servers or databases located in the United States. Your use of the Products represents your consent and agreement to these practices. If you do not want your Personal Information transferred to or processed or maintained in the United States, you should not use the Products. The European Commission and/or other geopolitical regions have determined the United States may not subscribe the same legislative standards for data protection that may be applicable in your country, province, territory or geopolitical region. By providing us with your Personal Information, you are consenting to our use of it in accordance with our privacy practices, including the transfer of your Personal Information across international boundaries to jurisdictions anywhere in the world as permitted by local law.
If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Products.
Notice to Individuals in the European Economic Area and Switzerland:
This section only applies to individuals using or accessing our Service while located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of Personal Information collection.
We may ask you to identify which country you are located in when you use or access some of the Products, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Privacy Policy, the terms in this section shall apply to individuals in the Designated Countries.
Legal Basis. In the sections above entitled “How and Why We Use Your Information” and “Sharing Your Personal Information with Third Party Service Providers” we explain various ways we process your Personal Information. We will process your Personal Information only: (1) with your consent; (2) to perform a contract between you and us; (3) to comply with a legal obligation or (4) where we have a legitimate interest to do so, balancing this interest against your interests and fundamental rights. Below is a chart indicating the legal bases we rely in processing Personal Information.
| Purposes of Processing | Legal Basis for Processing |
|
Processing is based on our contractual obligations or to take steps at the request of the individual prior to entering into a contract. |
|
Processing is based on our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Site. |
|
Processing is necessary for compliance with our legal obligations, the public interest, or in your vital interests. |
Marketing. We will only contact individuals located in the Designated Countries by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law, or the individual’s consent. When we rely on legitimate interest, we will only send you information about our Products that are similar to those which were the subject of a previous sale or negotiations of a sale to you.
If you do not want us to use your Personal Information in this way please click an unsubscribe link in your emails or send us an email at customerservice@acmamericas.com. You can object to direct marketing at any time and free of charge.
Individual Rights. We provide you with the rights described below when you use our Products. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or burdensome.
We may seek to verify your identity when we receive an individual rights request from you to ensure the security of your Personal Information.
- Access, Correct, Delete. You have the right to access, correct, update or request deletion of your Personal Information under certain circumstances.
- Object to Processing. You can object to the processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
- Right to Withdraw Consent. For any consent-based processing of your Personal Information, you have the right to withdraw your consent at any time. A withdrawal of consent will not affect the lawfulness of our processing or the processing of any third parties based on consent before your withdrawal.
If you would like to exercise your rights under applicable law, please contact us at customerservice@acmamericas.com indicating “EEA Individual Rights Request” in the subject line of the email.
Right to Lodge Complaint. If you are accessing the Products while located in a Designated Country and you believe we have infringed or violated your privacy rights, please contact us at customerservice@acmamericas.com so that we may resolve your dispute directly. You also have a right to lodge a complaint with a competent supervisory authority situated in a Designated Country or Member State of your habitual residence, place of work, or place of alleged infringement.
User Opt-Out:
You may choose not to receive direct marketing communications from Harmont & Blaine in connection with the Products by providing notification to Harmont & Blaine making such request. If Harmont & Blaine receives such a request from you, Harmont & Blaine thereafter: (a) will discontinue contacting you directly with marketing messages about Harmont & Blaine’s Products, and (b) will not use Personal Information obtained from your use of the Products to contact you with marketing messages about any Harmont & Blaine events, products or services. You may choose not to receive such messages by notifying Harmont & Blaine via e-mail at customerservice@acmamericas.com or regular U.S. mail. Please note, however, that any such opt out only applies to Harmont & Blaine and will not apply to any other third parties to which you have supplied your Personal Information when using the Products. Additionally, you acknowledge and agree that such opt-out notification processing may not be immediate, and you agree that should you receive additional communications your rights and remedies are limited to contacting us to reiterate your request to opt-out.
Improper Conduct:
Harmont & Blaine may also use Personal Information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates the Site’s Terms. This may include providing your Personal Information to law enforcement authorities with or without notice to you.
How You Can Access or Correct Your Information:
You can access all your Personal Information that we collect online and maintain by sending an email at customerservice@acmamericas.com. We use this procedure to better safeguard your information. You can correct factual errors in your Personal Information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Requests for Removal of Personal Information:
If you have provided your name and email address to us, you may request that we remove your name and email address and other Personal Information from our database by contacting us at customerservice@acmamericas.com, with the exception that we continue to use your name and email address to contact you with respect to the Products. Following receipt of a request from you, we will take reasonable steps to delete your information as requested. Harmont & Blaine also honors requests from users for corrections or revisions to account information. Harmont & Blaine honors requests from users for their own information and will correct any such information which may be inaccurate. Users may verify that appropriate corrections have been made.
Other Web Sites:
Harmont & Blaine’s privacy policy only applies to the Site and your Personal Information submitted to the Site. The Site may link to third party websites and information or service providers that may collect Personal Information from you in order to provide you with information or fulfill Product orders placed by you. Advertisements that may appear on pages on the Products may also request Personal Information or provide you with access to other sites that request Personal Information. Harmont & Blaine has no control over the privacy policy of any third party or other website. Their privacy policies may differ or they may have no privacy policies. Please examine the privacy policies of such third parties prior to submitting any Personal Information, as they may differ from ours.
Advertisements:
Advertisements may appear on pages throughout our Site. Some advertisements may request information directly from our users or take our users to websites that may request Personal Information. Harmont & Blaine has no control over these advertisers’ privacy policies, so please examine the privacy policy of any third-party advertising on our Site prior to submitting any Personal Information.
Additional Privacy Protections for Children Using the Internet:
Protecting the privacy of the very young is especially important. No part of our Site is structured to attract anyone under 13. Harmont & Blaine does not solicit or target persons younger than legal age for collection of information online. Harmont & Blaine encourages minors to seek the consent of their parents before providing any information about themselves or their households to anyone on the Internet. Harmont & Blaine encourages parents to take an active role to protect the privacy and security of their children and to prevent the inappropriate use of information about their children. Harmont & Blaine supports the development of technologies that help parents to control the collection and use of Personal Information from children who use online services in their households.
California Privacy Rights:
Under California law, Users who are California residents may opt-out of disclosure of Personal Information to third parties for their direct marketing purposes, and may also request certain information regarding the types of information shared by Harmont & Blaine with third parties for marketing purposes and the identities of those third parties. If you are a California resident, you may make such a request by sending an email to customerservice@acmamericas.com with “California Privacy Information Request” on the subject line and in the body of your message.
Business Transfers:
In the event that Harmont & Blaine or any of its affiliates is acquired (whether by sale of assets or ownership interests) by merger with a third-party entity or otherwise, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Site visitors and users of the Products as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
Changes to the Privacy Policy:
Harmont & Blaine may revise this Privacy Policy to reflect changes in the law, our Personal Information collection and use practices, the features of our Site, or advances in technology. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Site prior to the change becoming effective. Harmont & Blaine reserves the right to change its Privacy Policy by publishing new terms on the Site at least thirty (30) days before the effective date of the changes, and your access and use of the applicable site or service the respective Site thereafter constitutes your acknowledgment and acceptance of same. This Privacy Policy does not create any legal right for you or any third parties.
How To Contact Us:
Should you have other questions or concerns about this Privacy Policy, please send us an email at customerservice@acmamericas.com.
MIA 186866448v2
