Privacy Policy and Privacy Rights for Brand Developers’ Customers in the United States including Privacy Rights for California and Nevada residents

Effective Date: April 20, 2022

Brand Developers Limited, Brand Developers (USA), LLC and their brands including Tebo^TM(together “Brand Developers”, “we” or “us”), value your trust.

This privacy policy (the “Privacy Policy”) describes how Brand Developers will collect, use, and share your Personal Information (defined below) when you visit one of our websites (each, a “Website”) or when you interact with our sales or customer service teams, each a “Service”.  By using a Service, you acknowledge the collection, use, and disclosure of your information as described in this Privacy Policy.

This Privacy Policy is not a contract and does not create any legal rights or obligations.

If you are a California resident, see Section 4 (“Your Rights”) below for information provided pursuant to the California Consumer Privacy Act.

If you are a Nevada resident, see Section 4 (“Your Rights”) below for information regarding the sale of “covered information” pursuant to Nevada law.

 1. Information we collect

We collect two types of information: Personal Information and Other Information. “Personal Information” is information that can be used to identify or is reasonably linkable to you as an individual, and may include Usage Information (defined below). “Other Information” is information that is not reasonably linkable to an identifiable individual, including information that has been de-identified or aggregated.

 PERSONAL INFORMATION

(i) Information you provide directly to us

You may provide your Personal Information in a variety of situations, when:

• you place an order for one of our products;
• you use one of our Websites;
• you interact via email or phone with one of our sales representatives or customer service representatives.

Personal Information you provide may include your full name, billing and delivery addresses, phone number, an alternate phone number, e-mail address, date of birth, government ID details, communications with us about your order or questions about our products, reviews you post about products you have purchased and/or services you have received and your order information and history (including payment history).

(ii)Usage information

Brand Developers and our service providers may use technologies that collect information about how you interact with our Services, emails, advertising, and content (“Usage Information”). Usage Information may include your IP address (which is a unique set of numbers assigned to your computer by your internet service provider) and the pages you navigate to when browsing and placing an order. The technologies used to collect Usage Information include, but may not be limited to, cookies.

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes.  We use cookies to improve your experience on our Websites, such as to allow you to return to the Website more easily, hold your shopping cart and learn about your preferences so we can present you with content on our Websites that is relevant to you.

Your Internet browser provides you with the ability to delete cookies. If you do not wish to allow cookies, you can disable cookies, for all websites, from your browser settings. If you limit or reject cookies, your ability to use our Websites may be limited.

(iii) Information provided from other parties

We may receive Personal Information about you from third-party sources, including companies which provide repair services for our products. We may combine this Personal Information with other Personal Information that we have collected.

OTHER INFORMATION

We may de-identify or aggregate Personal Information and Usage Information to create Other Information. We use Other Information for a variety of purposes, including to understand our customers and improve our products and services.

2. How we use information

Personal Information. We use Personal Information for the purpose of: facilitating your purchase order; responding to your enquiries and processing your requests; providing you with information or advice about our existing and new products that may interest you; managing product warranties or guarantees; managing product and safety recalls; personalising your shopping experience with us; verifying your identity; quality control and market research purposes; investigating a breach of our terms and conditions or any unlawful activity; and as required or permitted by any privacy law in the United States.  We may also use Personal Information to send marketing and to offer products, services, and customized offers from our various brands.

Please note thatwe do notsharePersonalInformationwith other companies for their direct marketing use.

Other Information. We may use Other Information for any purpose, unless prohibited by law. Where Other Information is combined with Personal Information, we will treat this combined information as Personal Information as long as it stays combined.

3. Data sharing

We may share Other Information with other parties for any purpose, unless prohibited by law. We may also share your Personal Information in the following circumstances:

• With Our Affiliates. We may share your Personal Information with Brand Developers’ family of affiliated companies and brands.
• With Our Service Providers. We may share your Personal Information with our service providers such as our US fulfilment centers, delivery companies, IT service providers, payment system operators, customer service personnel and our related companies. We may also disclose your Personal Information to manufacturers or suppliers of products for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or any issues related to the safety or quality of a product you purchased.
• Public Posts. When you post comments or content (such as reviews) on one of our Websites, your first name and/or initial(s) may be viewable by others. Be careful when deciding to make any of your Personal Information available through the Services. If you use any social media features offered through our Websites, such as a Like button, share button, or other features, these features may collect your information, such as your IP address or which page you are visiting, and may set cookies to enable the features. Your interactions with these features are governed by the privacy policies of the social media platforms, not by us.
• Legal Disclosure. We may use or disclose Personal Information or Other Information as we believe necessary: (1) if we determine a policy violation has occurred, to enforce our rights, or to enforce our Terms and Conditions; (2) if we believe such disclosure is necessary to identify, contact, or bring legal action regarding the rights and property of Brand Developers or its affiliates; (3) to enforce our rights or protect against unauthorized access to our systems or other inappropriate use of our Services, products, or other services; (4) to comply with laws, regulations, court orders and subpoenas or similar requests for information by authorities; (5) to protect your safety and the safety of others; and (6) to assist us in fraud prevention or investigation.
• Business Transfer. We may disclose Personal Information or Other Information in connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

 4. Your rights

Your Right to Opt-Out. You may inform us that you do not want Brand Developers to use your Personal Information to provide you with offers or send you newsletters, emails or other marketing communications, by sending your request using the information in Section 8 (“contact Us”) below. You may also unsubscribe from receiving promotional communications from a Brand Developers brand by clicking on the unsubscribe link provided in that brand’s promotional emails. However, please note that you cannot opt-out from all communications, as Brand Developers and its brands may need to send you information related to your products (for example, warranties or product safety information), your orders, or your accounts.

Your Ability to Review/Correct. You may review, correct, or update your Personal Information by emailing us at customerservice@branddevelopers.com.

After your account is deleted/terminated, your information may not be deleted in its entirety from our systems. We may retain backup copies of your information, including to assist with any legal obligations, resolve disputes, and enforce our agreements.

 

CALIFORNIA RESIDENTS

Your California Privacy Rights. If you are a California resident, California’s Shine the Light Law permits you to request and receive information about disclosure of certain of your Personal Information to other parties for their direct marketing purposes. We do not share any Personal Information with other companies for their direct marketing use.

California residents also have the right to make the following requests. We will not discriminate against you because you exercise any of these rights.

• Access – You can request that we disclose to you the categories of Personal Information we collected about you, the categories of sources from which we collected the Personal Information, the categories of Personal Information we sold or disclosed (please note that Brand Developers does not sell or disclose any Personal Information to other companies for their direct marketing use), our business or commercial purpose for collecting and selling your Personal Information (Brand Developers does not sell or disclose any Personal Information to other companies for their direct marketing use), the categories of third parties with whom we shared your Personal Information, and the specific pieces of Personal Information we collected about you over the past 12 months.
•  Deletion – You can request that we delete your Personal Information that we maintain about you, subject to certain exceptions.
• Opt-out – Under California law, you can request to opt-out of the sale of your Personal Information. For purposes of this section, “sell” means the transfer of your personal information to a third party for monetary or other valuable consideration, subject to certain exceptions set forth in the applicable California law. Please note however that Brand Developers does not sell or disclose any Personal Information to other companies for their direct marketing use.  

 Your opt-out of cookie-based tracking for advertising purposes is specific to the device, website, and browser you are using, and is deleted whenever you clear your browser’s cache or cookies.

 California residents can make an access or deletion request by emailing us at privacy@branddevelopers.com and stating “California resident request” in the subject line.

Where appropriate or required by law, we will take reasonable steps to verify your identity prior to responding to your requests. The verification steps may vary depending on the sensitivity of the Personal Information and whether you have an account with us.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, and to process transactions and facilitate customer requests.

We may collect California residents’ Personal Information, like contact information, in connection with a financial incentive, such as a discount, special pricing or other promotional offer. You may withdraw at any time by electing not to participate or contacting us using the information in Section 8 (“Contact Us”) below.

We also want our California residents to know the following regarding our data collection, use, and disclosure of Personal Information in the past twelve months:

• We collect and use the following categories of Personal Information for the business and commercial purposes described in this Privacy Policy: identifiers; contact and payment information; commercial information; internet or other electronic network activity information; audio, electronic or visual information.
• We collect and use these categories of Personal Information for the business and commercial purposes described in Section 2 of this Privacy Policy.
• We collect these categories of Personal Information from the sources described in Section 1 above, including from you and your devices; our service providers; Brand Developers’ family of affiliated companies.
• We disclose each of these categories of Personal Information for our business and commercial purposes as described in this Privacy Policy to the categories of parties described in Section 3 of this Privacy Policy.
• We will not “sell” (as defined under California law) any categories of Personal Information to other companies for their direct marketing use.

 

NEVADA RESIDENTS

Your Nevada Privacy Rights. If you are a Nevada resident, please note that we do not “sell” your “covered information” (as defined in the applicable Nevada law).

5. Datasecurity

We are committed to maintaining the security of the data you provide to us. We use reasonable organizational, technical, and administrative measures designed to protect the Personal Information that we store. We also seek to use third-party service providers capable of protecting the information they maintain or process for us. Unfortunately, no data transmission over the internet or storage system can be guaranteed to be 100% secure. If you have any security concerns (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by email at Privacy@BrandDevelopers.com.

6. Use bychildren

Our Services are not directed to individuals under the age of 18. We do not seek or knowingly collect information from individuals under the age of 18, and we request that such individuals do not provide Personal Information through our Services.

7. Updatesto this Privacy Policy

We may occasionally update this Privacy Policy. Please review the “Effective Date” at the top of this page to see when this Privacy Policy was last revised. If we make any material changes we will notify you as required by law, which may include by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Your use of the Service(s) following these changes means that you acknowledge the revised Privacy Policy.

8. Contact us

If you have any questions about this Privacy Policy, please contact us by email at privacy@branddevelopers.com, or please write to us at the following address:

The Privacy Officer

The Brand Developers Group

PO Box 33604

Takapuna, Auckland 0740

New Zealand

We try to respond to general privacy inquiries within seven (7) days or as otherwise required by law. Requests to opt-out from our marketing will be processed within seven (7) business days.