Last updated: May 25th, 2018
This Privacy Notice governs the manner in which Penumbra Brands, Inc., (“Penumbra,” “we,” or “us”) collects, uses, maintains, and discloses information collected from users of our websites, including without limitation www.gadgetguard.eu, www.gadgetguard.com, www.PongCase.com, www.BRINKcase.com, and any other website or mobile application owned or operated by Penumbra (the “Sites”). This Privacy Notice applies to the Sites and all products and services (collectively, the “Services”) offered by us.
For purposes of the General Data Protection Regulation (the “GDPR”), the data controller is Penumbra Brands, Inc., 709 North 400 West, Ste 3, North Salt Lake, UT 84054, USA.
We follow the following principles in order to protect your privacy:
- We do not collect any more personal data about you than is necessary;
- We only use your personal data for the purposes we specify in this Privacy Notice, unless you agree otherwise;
- We do not keep your personal data if it is no longer needed; and
- Other than as we specify in this Privacy Notice, we do not share your personal data with third parties.
INFORMATION WE COLLECT
- Personal Data. We may collect personal data from users in a variety of ways, including, but not limited to, when you visit or register on our Sites, purchase products from us, subscribe to our newsletters, respond to a survey, fill out a form, and in connection with other activities, services, features, or resources we make available through our Services. You may be asked for, as appropriate, name, email address, mailing address, date of birth, gender, and/or marital status. You can always refuse to supply the personal data that we request, except that it may prevent you from engaging in certain Site-related activities and receiving certain information.
- Non Personal Data. We may collect non-personal data about you when you interact with our Sites. Non-personal data may include your browser name, type of computer, the files viewed on the Sites, clickstream data, and technical information about your means of connection to the Sites, such as the operating system and the internet service providers utilized. To the extent that we link this non-personal data with your personal data, this Privacy Notice shall govern our use of such information.
HOW WE USE PERSONALLY IDENTIFIABLE INFORMATION
We may collect and use personal data for the following purposes:
- To process transactions. Information you provide allows us to process transactions made on the Sites or otherwise as necessary for performance of our contractual obligations to you, including as applicable, order confirmation, billing, and delivering products or services.
- To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently. We will do this on the basis of our legitimate business interests.
- To personalize your experience. We may use information in the aggregate to understand how our users as a group use the Services. We will do this on the basis of our legitimate business interests.
- To improve our Services. We may use feedback you provide to improve our Services. We will do this on the basis of our legitimate business interests.
- To run a promotion, contest, survey, or other Site feature. With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, text, web or telephone about our products and services including tailored special offers, discounts, promotions, pups, competitions and so on. Of course, you are free to opt out from hearing from us by any these channels at any time.
- To respond to your inquiries. We will use your personal data to respond to your inquiries, questions and/or other requests. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests.
- To share offers from third parties that may be of interest to you. With your consent, we may use your information to let you know about offers, programs, products, or services third parties that may be of interest to you.
- As required by law. To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice and other legally required notices or information. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
- To comply with our legal or contractual obligations to share data with law enforcement.
- To fulfill any other purpose for which you provide personal data. We may use your personal data for purposes that we make known to you at the time of collection of such information or otherwise upon your consent.
HOW WE PROTECT YOUR INFORMATION
The security of your personal data is important to us. We have adopted generally accepted industry standards in connection with our data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data, username, password, transaction information, and data stored on the Sites. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
DISCLOSURE OF YOUR PERSONAL DATA
We may disclose aggregated, or other non-personal data or information about our users without restriction. We may disclose personal data about you in the following ways and/or to the following third parties:
- Affiliates. To our parents, affiliates, joint venturers, or promotion partners, for their use in a manner consistent with the purpose described in this Privacy Notice.
- Agents and Service Providers. To contractors, service providers, and other third parties we use to support our business, provide the Services, and who complete transactions or perform services on our behalf or for your benefit.
- Marketing. With your consent, to third parties for their own direct marketing purposes, to provide you with information about products that may be of interest to you, and for other purposes as specifically set forth in this Privacy Notice.
- Legal Process. As required by law, such as to comply with a subpoena or other legal process, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
- Certain Business Transfers. As part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. It may also be disclosed in the pup of insolvency, bankruptcy, or receivership. We will use reasonable efforts to direct any such transferee to use your personal data in a manner that is consistent with our Privacy Notice.
- Consent. In additional ways upon your consent.
- Request a Copy of your Personal Data. You have the right to request a copy of any personal data that we hold about you. If you would like a copy of your personal data, please contact us using the contact information below. We may request proof of your identity before sharing such information. If you discover that the information we hold about you is incorrect or out of date, you may ask us to correct that information by contacting us using the contact information below.
- Cease Processing or Delete Personal Data. You may ask us to stop processing, or delete, the personally identifiable data we hold about you in certain circumstances. It may not be possible for us to processing or delete all of the information we hold about you where we are fulfilling a transaction or have a legal basis to retain the information, however please contact us to discuss how we can assist you with your request.
- Withdraw Consent. When we process your information on the basis that you have consented to such processing, you have the right to withdraw your consent, or ask us to stop or restrict processing the personal data we have about you, at any time by contacting us using the contact information below.
- Portability. You may also ask us to transfer your personal data to a third party in certain circumstances. If you would like any further information about your rights or how to exercise them, please contact us using the contact information below.
- Complaints. If you are in the European Union, you have the right to make a complaint at any time to the relevant data protection authority in your country.
- Retention. We will retain your information for as long as needed to fulfill your requests, provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
- Unsubscribe. If you receive marketing emails from us, you can unsubscribe to our emails by clicking "unsubscribe" within each email. You may not opt-out of service-related communications, which are not promotional in nature.
You may find advertising or other content on the Sites that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing on and interacting with any other website, including websites which have a link to the Site, are subject to that website’s own terms and policies.
COOKIES AND OTHER TRACKING TECHNOLOGIES
- As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, the files viewed on our Site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the Site.
- The length of time a cookie stays on your device or computer depends on its type. “Persistent” cookies stay on your device or computer until they expire or are deleted. “Session” cookies will only stay on your device or computer for so long as you are on our Site.
- We use first party cookies and third party cookies on our Sites. First party cookies belong to us. Third party cookies are placed on your device or computer by a third party through our Services, such as an advertiser.
- Please click here for a list of the cookies used on our site. You can modify your cookie setting by following the instructions provided by your browser. These instructions are usually found in the “Tools,” “Help” or “Edit” tabs. If you set your browser to disable cookies you may not be able to fully access and use our Sites. You can learn more about the choices provided by advertisers for individuals to decide how their information is collected and used by visiting the Digital Advertising Alliance (www.aboutads.info), the Network Advertising Initiative (www.networkadvertising.org/managing/opt_out.asp) or the European Digital Advertising Alliance (www.youronlinechoices.eu).
CHANGES TO THIS PRIVACY NOTICE
We have the discretion to update this Privacy Notice at any time. When we do, we will revise the updated date at the top of this page. If we make material changes to this Privacy Notice, we will notify you here, by email, or by means of a notice on the Site prior to the change becoming effective. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal data we collect. You acknowledge and agree that it is your responsibility to review this Privacy Notice periodically and become aware of modifications.
CHILDREN UNDER THE AGE OF 16
The Sites are not directed to, and we do not knowingly collect or solicit personal data from, children under the age of 16. If we learn we have collected or received personal data from a child under the age of 16, we will delete that information. If you believe we might have any information from or about a child under the age of 16, please contact us using the contact information below.
WHERE WE STORE YOUR INFORMATION
The personal data we collect from you may be transferred to, and processed and stored, outside the European Economic Area, including the United States of America.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information below.
If you have any questions about this Privacy Notice, the practices of the Sites, or your dealings with us, please contact us at: