Privacy policy

Beams America Privacy Policy

 

Introduction

 

We know privacy is important to you. We encourage you to read this Privacy Policy to understand the information we collect, how we use it, and the choices available to you.

 

This Privacy Policy applies to the information we collect about you in the course of our business, including through your interactions with the Beams websites, products, services, retail stores, social media, marketing activities, research, and other online or offline offerings operated by or on behalf of Beams. We refer to these products, services, and offerings collectively as the “Services.”

 

By using the Services, you agree to this Privacy Policy and that we may process, transfer, and store your information in the United States.

 

When we use the terms “Beams,” “we,” or “us” in this Privacy Policy, we’re referring to the Beams family of companies, which means Beams American and its affiliated entities under common ownership and control.

 

This Privacy Policy contains the following sections:

·      The information we collect

·      How we use your information

·      How we disclose your information

·      Children’s privacy

·      Links to third party websites and services

·      Security and retention of your information

·      Your rights and choices

·      Additional privacy information for California residents

·      Changes to our Privacy Policy

·      Contact information

 

1.   The information we collect

 

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us.

 

We collect information in three main ways: (1) information you provide directly to us; (2) information we collect automatically through technology when you use the Services; and (3) information we collect from other sources.

 

Information you provide directly to us

 

When you use our Services, you may provide certain information to us. For example, we collect information directly from you when you place an order and purchase from us, register for or use a Beams account, participate in Beams surveys or research, or otherwise communicate and interact with us.

 

Some of the most common categories of information we collect directly from you include:

 

·      Contact and account information, such as name, address, telephone number, email address, and login credentials, including your Beams account information, or contact information about others that you make purchases and ship items to or buy a gift card for.

 

·      Financial and transactional information, such as financial account information (which is collected and stored by our third-party payment processors on our behalf), and purchase and transaction history (including in connection with returns).

 

·      Customer service interaction information, such as messages submitted to us through online forms, chats, or email, and summaries or voice or video recordings of interactions with our customer service personnel.

 

·      Information submitted in connection with reviews, such as if you submit a review of a product you purchased and associate it with your name.

 

·      Information about your personal characteristics, such as your clothing sizes and purchase preferences.

 

·      Information you provide in connection with loyalty programs, surveys, and sweepstakes, such as your interests, preferences, demographic data (e.g., gender), photos and videos, and other information which may be required for participation, and for us to fulfill your prize or participation incentives (if any).

 

Information we collect automatically through technology when you use the Services

 

When you use our Services, we may automatically collect certain information. We use a variety of third-party technologies, including cookies and similar tools, to assist in collecting this information. Please refer to the “Online Analytics and Advertising” section below for further information.

 

Some of the information we automatically collect when you use our Services includes:

 

·      Information about your access to and use of Beams websites and emails, such as your IP address, browser language, the state or country from which you accessed the Services, software and hardware attributes (including device IDs, operating system, and browser type), referring and exit URLs, the links you click and files you download, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our websites, the date and time you accessed our websites or opened our emails, and other similar information.

 

·      Location information. In addition to general location information (e.g., city/state) which may be collected or derived from your IP address, some parts of the Services may also request your precise location information via GPS-based functionality to allow certain features to work (e.g., finding locations near you). We will ask your permission in accordance with your mobile device settings before we collect or use precise location information, and in accordance with any applicable legal requirements to the extent precise geolocation information is considered “sensitive” information under applicable law.

 

Information we collect from other sources

 

We may receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties (such as other users that ship items to you or purchase a gift card for you) to help us supplement our records.

 

Information we collect in our stores

 

To help protect you and others, we monitor and record video and take photographs of the public areas of stores for security, anti-fraud, loss prevention, incident reporting and other operational purposes.  We may also collect identifiers such as IP address and unique device identifiers, as well as, with your approval through your device settings, geolocation information of visitors’ devices, in and around stores to monitor foot traffic to help us understand how shoppers move around our stores, identify what shoppers seem interested in, and improve the shopping experience.

 

De-identified data

 

We may de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, without limitation.

 

Cookies and similar technologies

 

Our Services use various technologies such as cookies, beacons, tags and scripts (collectively referred to herein as “cookies”) for marketing automation, demand marketing, and web analytics. These technologies are used in analyzing trends, administering the Services, tracking users’ movements around the Services and in gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

 

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

 

Online analytics and advertising

 

Online analytics

 

We may use third-party analytics services on our Services (e.g., Google Analytics). These service providers may set and access their own cookies, pixel tags, and similar technologies on our Services and on third-party services to collect information that can be used to track users over time and across services. These analytics services help us understand how users arrive at and use our Services.

 

If you do not want Google Analytics to collect and use information about your use of our websites, then you can install an opt-out in your web browser. You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings.

 

Online advertising

 

Beams strives to provide you with relevant, value-added content in our online advertisements. We work with online analytics and advertising partners to: (1) better understand the use of our Services so that we can improve our Services; and (2) deliver Beams advertisements that are more tailored to you both on our Services and on third-party Services.

 

Our partners may also place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on these services in order to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify Beams products and services you might be interested in and to recognize your device so they can show you relevant Beams advertisements while you are using our Services and other services. Additionally, we sometimes provide basic information we collect (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies, mobile ad identifiers, and other proprietary IDs, in order to provide you with more relevant ads when you visit other online services.

 

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs.

 

2.   How we use your information

 

Beams may use the information we collect in the following ways:

 

·      To provide the services you have requested, such as complete a purchase or offer customer support.

 

·      To communicate with you, for example, keeping you posted on purchases, shipments, updates about the Services, and changes to our terms, conditions, and policies.

 

·      For marketing and advertising purposes, including providing you with the latest product announcements, promotions, and information about upcoming events.

 

·      To personalize your experience and customize the Services, such as delivering relevant content, saving preferences, recommending products and features through our Services, and maintaining your product wish lists.

 

·      To improve our Services, including bug detection and error reporting, to understand how users interact with our Services and advertisements, improve usability and effectiveness of our Services, perform research and analytics, and to test and create new products, features, and services.

 

·      For our business operations, including maintaining your account, reviewing complaints and concerns, and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.

 

·      Other purposes for which we seek your consent. We may also use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

 

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

 

3.   How we disclose your information

 

Beams may disclose your information in the following ways:

 

·       Affiliated entities.  We may disclose information within the Beams family of companies to deliver the Services, operate our business, and enhance our Services and your customer experience.

 

·       Service providers.  We use select third-party vendors to help us provide our Services and operate our business, and we may provide access to or disclose your information to these vendors. They provide a variety of services to us, including customer service, payment processing, data privacy management solution providers, shipping, sales and marketing, product design and development, data storage, security, fraud prevention, research, and legal services. These service providers are permitted to access and use your information for purposes of performing services for Beams or to comply with applicable legal requirements.

 

·       Online advertising partners.  As discussed in the “Online advertising” section above, we may disclose certain information about you to our online advertising partners to assist in our online advertising and measurement activities.

 

·       Publicly.  If you choose to write a product review or submit a rating of the Services, such submissions may be published on the Services, in emails, television, and on social media platforms.  Published reviews may identify your name and location, if provided.  Do not submit any personal or sensitive information in connection with or in reviews that you do not want publicly published in these ways.

 

·       Protection of Beams and others.  We may disclose the information we collect about you if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (for example, a subpoena or court order); (b) enforce our terms of service or sale, this Privacy Policy, or other contracts with you, including investigation of potential violations; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Beams or others.

 

·       Business transfers.  As we continue to develop our business, we may engage in transactions with other companies regarding the purchase or sale of a business. We may disclose your information as part of, or in contemplation of, such transactions. If a portion or all of Beams’ assets are transferred to a third party in connection with such transactions, your information may be among the transferred assets.

 

4.   Children’s privacy

 

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

 

5.    Links to third party websites and services

 

The Services may contain links to third party websites and online services.  This Privacy Policy does not apply to the practices of other websites and online services, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those other websites.  Please see the applicable privacy policies for such other sites and services for information about their practices.

 

6.   Security and retention of your information

 

Security of your information

 

We are committed to protecting your information. We use a variety of technical, physical, and organizational security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of information. However, no security measures are perfect or impenetrable. As such, we cannot guarantee the security of your information.

 

When using a Beams account, it’s important that you select a strong password and do not disclose it to others. Alert us immediately if you have any concerns about unauthorized use of your account.

 

Retention of your information

 

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing of your information.

 

7.   Your rights and choices

 

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and disclosure of your information. Your legal rights to exercise such controls and choices vary based on the laws of your jurisdiction (i.e., the laws in the U.S., Canada, and Central/South America have different legal rights and requirements).

 

You may request the following by contacting us as detailed in the “Contact Us” section below or by completing our online form :

 

·       Access to, or a copy of, your information

·       Confirmation that we are processing your information

·       Correction or amendment of your information

·       Deletion of your information

·       Transfer of your information to a third party, where technically feasible

• Opt out of automated processing that has significant or other legal effects (we do not currently engage in this type of processing)

·       Restriction or objection to certain uses of your information

 

If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent.

 

Under the laws in certain U.S. states, you also have the right to opt out of our processing or “sharing” of your information for online targeted advertising purposes. Note that these laws also allow you to opt out of the “sale” of your information to third parties in exchange for valuable consideration. Our use of analytics or online advertising tools as described in the “Online advertising” section above may result in the disclosure of your information to our third-party partners and that are subject to these opt out rights. You can opt out of both of these activities by clicking the “Your Privacy/Cookie Choices” link on our website footer.   If you have a legally-recognized browser-based opt out mechanism installed on your device (e.g., Global Privacy Control), you will be automatically opted out of these activities. 

 

We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.

 

Adjust your marketing and communication preferences:

 

Opt out of email marketing from Beams by following the instructions located at the bottom of our email marketing messages. Please note, opting out or unsubscribing will not prevent you from receiving communications about your orders, product/software updates, or other important notices such as changes to our terms and policies, which are not marketing in nature.

 

Opt out of text (SMS/MMS) messages from Beams by following the instructions included in our messages.

 

8.   Additional privacy information for California residents

 

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information.  Please see the following chart containing this information:

 

 

 

For more information about each category, purpose of use, and the third parties to which we disclose or share information, please see the “Information we collect”, “How we use your information,” and “How we disclose your information” sections of our Privacy Policy.

 

Your Choices Regarding “Sale” and “Sharing”

 

You have the right to opt out of Beam’s sharing/sale of your personal information for purposes of online analytics and advertising by clicking the “Your Privacy/Cookie Choices” link on our website footer.”  Over the last 12 months, we have not knowingly “sold” or “shared” personal information of individuals under 16.

 

Other CCPA Rights

 

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

 

Please see the “Your rights and choices” section above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.  We will not discriminate against you for exercising these choices.

 

Retention of your personal information

 

Please see the “Retention of your information” section above.

 

Notice concerning Do Not Track

 

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our websites for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above.  Some web browsers offer users a “Do Not Track” privacy preference setting in the web browser. We do not currently recognize or respond to browser- initiated Do Not Track signals. Learn more about Do Not Track.

 

California “Shine the Light” Notice

 

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes.

 

10.     Changes to our Privacy Policy

 

From time to time we may change or update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. You should review the Privacy Policy periodically, and you can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective date” at the beginning of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. If we make material changes to the Policy, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective, in accordance with applicable legal requirements.

 

11.     Contact Information

 

If you have any questions about this Privacy Policy, please contact us by email at privacy@beams-america.co, or by writing to us at:

 

Beams America

c/o Legal Department

4700 Boyle Ave. Suite C

Vernon, CA 90058