Duravit USA Privacy Policy

This Privacy Policy was last updated and is effective as of August 6, 2018.

We are Duravit USA, Inc. (“Duravit,” “we,” “us,” or “our”). Your privacy is important to us, which is why we have developed this Privacy Policy to explain our practices regarding the use and disclosure of personally identifiable information we obtain online from users of those websites (including the website located at www.duravit.us), webpages and content that we own or control (each a “Site” and collectively, the “Sites”).

WHEN YOU ACCESS THE SITES, YOU AGREE TO THIS PRIVACY POLICY.

Collecting Information

In general, we avoid collecting any personally identifiable information from a user of our Sites unless that user provides such information or such information is provided to us by someone else. For example, you might be asked to voluntarily give your name, postal address, email address and phone number, and credit card or PayPal Information to us when you purchase products from our Sites, provide feedback on our products, . We may also collect and store statistics and other information about the online activities of our visitors on an aggregate basis.

How We Collect Information About You

We generally collect information through the Sites in three ways:

1. We collect information that our customers or visitors (including you) to the Sites supply to us.

2. We collect information from emails and other contacts sent to us by you, other customers and users of the Sites.

3. We collect information electronically on all customers and other users of the Sites by means of cookies.

Types of Personal Information We May Collect on the Sites

1. Information About Purchases:

To obtain services from the Sites, you may be required to provide us with your full legal name, email address, full street address including city, state and zip code, and telephone number. And, to obtain certain services from the Sites, you may also be required to choose your “username” and /or “password” and provide those to us.

For some of our Sites, you may also be able to submit information about other people. For example, while most of our Sites do not allow online sales, you might be provided the option of ordering a gift, gift certificate or any products or service online. To do so you may be required to provide us personally identifiable information. For example, when you place an order with us by telephone or means other than our online ordering service, you may be required to provide us with your full legal name, full street address including city, state and zip code, and telephone number. If you place an order through a Site, you may want the item purchased sent directly to the recipient; therefore, you might submit the recipient’s name, mailing address, email address and/or telephone number. It is also possible that someone may provide us with your personally identifiable information, with or without your permission.

2. Information From Promotions:

We, or third-party merchants, vendors and others we may be working with (each a “Third Party Promoter”) may offer users of the Sites special offers, contests or other promotions (each a “Promotion”). You are under no obligation to respond to or to participate in any Promotion but, if you do, you may be required to provide additional information (such as your birth date and whether you or anyone in your household is employed by the Third Party Promoter) to verify your eligibility for participation in the Promotion. For a given Promotion, the information you provide may be governed by the Third Party Promoter’s privacy policy rather than our Privacy Policy, so you should read carefully any official rules or guidelines for each Promotion.

Sharing and Disclosure of Information

We may disclose your personal information collected through your use of the Sites to: (a) our affiliates; (b) third parties to provide you with information or materials you specifically request or Third Party Promoters in connection with a Promotion; (c) our service providers providing services to us; or (d) as otherwise specifically permitted in this Privacy Policy. We may also use and disclose your personal information collected through your use of the Sites to unrelated third parties: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us; (b) to enforce our Terms and Conditions or to protect our rights; (c) to protect the safety of others, including other users of the Sites; or (d) with your consent in a particular instance.

We reserve the right to transfer or disclose user information collected through the Sites, including user personal information, for other business reasons of ours (including in connection with an assignment of our rights covered under the paragraph below captioned “Assignment”).

We also reserve the right to change the manner of our use and disclosure in accordance with the “Changes in Our Privacy Policy” section below.

Children’s Privacy and Age Limitations for the Sites

The Sites are intended for use by persons aged 18 or older, and by your use of this Website you affirm that you are at least 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 18. If we discover or are made aware that we have received personally identifiable information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 18, we will delete such information from our systems. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personally identifiable information to us please contact us as provided below. In any such event, a parent or guardian of a child under the age of 18 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

Please also see the additional disclosures in the paragraphs below captioned “Additional Notices to California Residents -- Content Removal Requests for Users Under 18 Years Old”.

Use of Cookies

Like many websites, the Site uses “cookies” – small strings of data placed on users' personal computer hard drives during the exchange of data that happens when your browser points to one of our websites. Among other things:

n Cookies enable a website to identify a user's browser as a previous visitor by means of a unique string of numbers assigned on a previous visit;

n Cookies assist us in collecting information on the pages of our websites that you access or visit, and in recording any preferences you indicate for use on our Sites;

n If you are browsing our website, a cookie identifies your browser and Site user ID and internet protocol number of your computer or other access device (but not your personal identity); and

n If you place orders with us, we use cookies to assist in storing your preferences and recording other session information (a "session" is a single visit by you to one of our Sites).

Links to Other Websites

The Sites may contain links to other websites, applications and services maintained by us, our affiliates and/or by third parties that may not follow the same privacy policies as applicable to the Sites. These other websites, applications and services may use cookies, collect data and use the data in ways that are different from the way in which we use the information collected through the Sites. When linking to another website, you should read that website’s privacy policy. Our Privacy Policy only governs information collected on or through the Sites.

Use of Google Analytics

We use Google Analytics, a web analytics service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google is certified under the Privacy Shield Agreement and thus warrants that it complies with applicable European privacy legislation. Google’s Privacy Shield status may be viewed here:

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active .

Google Analytics uses so-called “cookies” – text files that are stored on your computer to allow an analysis of your use of the website. The information about your use of the website generated by the cookie is usually sent to a Google server in the U.S., where it is saved. However, in the event that IP anonymization is activated on this website, Google will abbreviate your IP address in advance within member states of the European Union or in other countries within the European Economic Area that are party to the agreement. Only in exceptional cases is the full IP address sent to a Google server in the U.S. and abbreviated there. Google will use this information on our behalf to analyze your use of the website, compile reports on website activity and provide us with other services relating to website and Internet use. The IP address provided by your browser for Google Analytics purposes is not merged with other data held by Google. You can prevent cookies from being stored by using the appropriate setting in your browser; however we would like to point out that if you block cookies it may mean that you are unable to benefit from the full range of functions offered by this website. You can also prevent collection of data generated by the cookie in reference to your website usage (including your IP address) by Google, and processing of this data by Google, by downloading the browser plug-in from the following link (http://tools.google.com/dlpage/gaoptout?hl=de) and installing it.

Please note that to ensure anonymous logging of IP addresses (so-called IP masking), on this website Google Analytics has been extended with the code ‘gat._anonymizeIp()’.

You can also prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will then be set which prevents further collection of your data when you visit this website. This is particularly recommended when accessing our site via mobile devices.

Further information on terms of use and data protection can be found at the following web addresses:

www.google.com/analytics/terms/de.html

or

www.google.com/intl/de/analytics/privacyoverview.html.

Use of Google's Marketing Services

We use the marketing and remarketing services ("Google marketing services") of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google marketing services use cookies that are stored on your computer and allow us to target ads for and on our site to show users only ads that may be of interest to them. If, for example, you should see ads for products for which you have shown an interest on other websites, this is referred to as "remarketing". To this end, when our and other websites on which Google marketing services are active are called up, a Google code is executed directly by Google and so-called (re)marketing tags are integrated into the website.

The information about your use of the website generated by the cookie or tags is usually sent to a Google server in the U.S., where it is saved. However, due to the activation of IP anonymization on this website, Google will abbreviate your IP address in advance within member states of the European Union or in other countries within the European Economic Area that are party to the agreement. User data is therefore processed within the context of Google marketing services in pseudonymized form; i.e., Google does not, for example, store and process the names or e-mail addresses of users, but rather the relevant cookie-related data within pseudonymous user profiles. This means that, from Google's point of view, the ads are not managed and displayed for a specifically identified person, but rather for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without pseudonymization. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the United States.

One of the Google marketing services we use is the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies cannot therefore be traced through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that personally identifies users.

We can use the Google marketing service "DoubleClick" to integrate third-party advertisements. DoubleClick uses cookies to enable Google and its partner websites to place ads based on users' visits to this and other websites on the Internet.

We can also use the "Google Tag Manager" to integrate and manage Google analysis and marketing services within our website.

For more information on Google's use of data for marketing purposes, please see the page: https://www.google.com/policies/technologies/ads, Google's privacy policy is available from https://www.google.com/policies/privacy.

If you wish to opt out of interest-based advertising through Google marketing services, you can use the setting and opt-out options provided by Google:

http://www.google.com/ads/preferences.

Use of YouTube Videos

We use video components from YouTube. YouTube is an Internet video portal that allows registered users to post video clips and other users to view, rate and comment on them free of charge. YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.

Each time you call up a page on which a YouTube component (YouTube player) is integrated, the Internet browser on your computer is automatically prompted to download a display of the corresponding YouTube component from YouTube. You can find more information on YouTube at https://www.youtube.com/yt/about/de/ As part of this process, YouTube and Google are informed about which specific sub-page of our website you are visiting.

If you are logged in to YouTube at the same time, YouTube recognizes which specific sub-page of our website you are visiting when you call up a sub-page containing a YouTube video. This information is collected by YouTube and Google and assigned to your YouTube account.

YouTube and Google receive information via the YouTube component that you have visited our website whenever you are logged in to YouTube at the same time as visiting our website, regardless of whether you click on a YouTube video or not. If you do not want this information to be transmitted to YouTube and Google, you can prevent its transfer by logging out of your YouTube account before visiting our website.

You can also prevent an automatic connection being established at any time by choosing the appropriate settings in your Internet browser; our site can then still be used – even if you cannot watch videos.

The data protection regulations published by YouTube, which may be found at https://www.google.de/intl/de/policies/privacy/ , provide information about how personal data are collected, processed and used by YouTube and Google.

We do not store any personal data within YouTube. Personal data are not transmitted to other recipients.

Changes in Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, and any modifications made will be effective immediately upon posting, so you should check this page for any changes. We will post at the top of this Privacy Policy the date that modifications were last made, which should alert you to any changes since your last visit to the Sites. Your continued use of the Sites is your agreement to the revised Privacy Policy.

Assignment

We may assign our rights and duties under this Privacy Policy, including, without limitation, our rights in information collected through the Sites, to any third party at any time without notice to you, and such assignment rights shall include the ability to make an assignment in connection in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the Sites, all or substantially all of our business or assets, or as part of any reorganization or restructuring of our business.

Your Questions and Concerns

If you have questions or concerns regarding this Privacy Policy or our privacy practices, please send us an email (writing “Privacy Policy” in the subject line) at [email protected]; or write to us (see address posted under contact on our website www.duravit.us We will use reasonable efforts to promptly look investigate any concern.

ADDITIONAL NOTICES TO CALIFORNIA RESIDENTS

California Do-Not-Track Disclosure

At this time, the Sites are not set up to honor web browser do-not-track settings.

Information on Marketing Disclosures

California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at Duravit USA, Inc., 2635 North Berkeley Lake Road, Suite 100, Duluth, Georgia 30096.

Content Removal Requests for Users Under 18 Years Old

If you are a user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Sites. You may send us any such requests by one of the following methods: (i) by email (writing “Privacy Policy – Removal Request” in the subject line) at [email protected]; or (ii) by writing to us (see address posted under contact on our website www.duravit.us. We will review the request and respond promptly. You should be aware that a request to remove content or information posted by you on the Sites does not ensure or require complete or comprehensive removal of such content or information from our databases.

ADDITIONAL NOTICES TO EUROPEAN UNION RESIDENT AND OTHER DATA SUBJECTS

In addition to the information provided elsewhere in this Privacy Policy, persons who are residents of the member countries of the European Union (“EU”) or other data subjects covered by the EU’s General Data Protection Regulation, (EU) 2016/679 (the “GDPR”), have certain additional privacy rights under applicable law. The following provisions of this Privacy Policy provide an overview of these additional rights and related information.

Our Commitment

Duravit embraces the approach to privacy protection reflected in the GDPR, giving our clients, vendors, and users a greater say in what happens with their data. Please contact our data protection officer at [email protected] if you have any questions about any matters related to our GDPR compliance.

Legal Bases for Processing Personal Information of European Union Citizens or Other GDPR Data Subjects

When processing your personal information, Duravit may rely on one or more of the following legal bases (or other available legal grounds), depending on the circumstances:

(a) Legitimate Interests – Duravit may process your personal information where Duravit has a legitimate interest in such processing for managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights or freedoms.

(b) Consent – Duravit may process your personal information where Duravit has obtained your consent to the processing.

(c) Contractual Necessity – Duravit may process your personal information where such processing is necessary in connection with any contract that Duravit has with you.

(d) Legal Requirements – Duravit may process your personal information where such processing is required by applicable law.

Disclosures to Third Parties

Your personal information will not be disclosed to third parties except where it is necessary for fulfillment of Duravit’s obligations to you or where Duravit is obliged or permitted to do so by law (including, without limitation, through the terms of any agreement Duravit may have with you), or where Duravit makes disclosures that are otherwise consistent with the uses described in this Policy.

Duravit may also disclose any information (including personal information) relating to you to law enforcement authorities or any regulatory or government authority in response to any request including requests in connection with the investigation of any suspected illegal activities.

Duravit reserves the right to transfer any personal information Duravit has about you in the event Duravit sells or transfers all or a portion of our business or assets, or merges with another organization. Should such a sale, transfer or merger occur, Duravit will use reasonable efforts seeking to require that the transferee uses personal information you have provided to Duravit in a manner that is consistent with this Policy.

Duravit will not sell, resell or lease your personal information to any third parties but Duravit may, if required for the purpose(s) for which your personal information was collected and processed, share it with Duravit partners and/or service providers to enable them to provide their services to Duravit or to you, as applicable. The foregoing are in addition to the other uses described elsewhere in this Policy.

Security of Personal Information of European Citizens or Other GDPR Data Subjects

Duravit has policies and technical and organizational measures in place which are intended to safeguard and protect your personal information against unauthorized access, accidental loss, improper use and disclosure. However, you should be aware that information transmitted over the internet is not completely secure because of the nature of the internet and that systems and measures used to secure information are not flawless. For these reasons, although Duravit will use reasonable efforts to protect your personal information, Duravit does not warrant the security of personal information transmitted to Duravit or stored by Duravit, and personal information that is transmitted to Duravit by you electronically is done at your own risk.

Retention of Personal Information of European Citizens or Other GDPR Data Subjects

Duravit’s policy is to retain your personal information only for as long as is necessary to fulfill the purposes for which Duravit collected such personal information, including for the purposes of satisfying any professional, legal, accounting or reporting requirements to which Duravit is subject. To determine the appropriate retention period for personal information, Duravit considers the scope, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which Duravit collected and processed your personal information and whether Duravit can achieve those purposes through other means, and any applicable legal and professional requirements.

Your Rights as a European Resident or Other GDPR Data Subject

You have a number of rights concerning your personal information that Duravit holds and uses, including the following:

(a) Right of Access – You have the right to be informed about what personal information Duravit holds about you and to a copy of this personal information.

(b) Right to Rectification – You have the right to have any inaccurate personal information which Duravit holds about you updated or corrected.

(c) Right to Erasure – In certain circumstances you may request that Duravit delete the personal information that Duravit holds about you.

(d) Right to Complain – You have the right to lodge a complaint regarding the processing of your personal information to an applicable governmental or supervisory authority in your country.

(e) Right to Withdraw Consent – Where processing of personal information is based on your consent, you have the right to withdraw such consent at any time.

(f) Right to Object – Where Duravit relies on our legitimate interests to process your personal information, you have the right to object to such use and Duravit is required to discontinue such processing unless Duravit can demonstrate an overriding legitimate interest in such processing.

(g) Right to Restriction – You have the right to request that Duravit stop using your personal information in certain circumstances including if you believe that the personal information Duravit holds about you is inaccurate or that Duravit’s use of your personal information is unlawful. If you validly exercise this right, Duravit will store your personal information and will not carry out any other processing until the issue is resolved.

You may exercise any of the above requests in writing to Duravit, Attn: Data Protection Officer, 2635 North Berkeley Lake Road, Suite 100, Duluth, Georgia 30096 or at inf[email protected] You are also free at any time to request that Duravit stop using your personal information for marketing purposes by contacting us at Duravit, Attn: Data Protection Officer, 2635 North Berkeley Lake Road, Suite 100, Duluth, Georgia 30096, or at [email protected]