PERSONAL INFORMATION WE COLLECT
We collect personal information in the course of our business, including through your use of our Site, when you contact us or request information from us, or when you purchase Ernie Ball products through Ernie Ball or our distributors. When we require personal information from you in order to fulfill a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise and obligation, we will inform you and indicate the consequences of failing to do so.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
We use the Device Information that we collect to support our legitimate interests as a business, including to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). We also use Device Information for marketing purposes, such as retargeting on social media platforms. It is in our legitimate interest to use your personal information for direct marketing purposes in order to develop and grow our business. We will, where required by applicable law, obtain your consent for certain marketing efforts.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, if provided), email address, and phone number. We refer to this information as “Order Information.”
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to communicate with you; and screen our orders for potential risk or fraud; and provide you with information or advertising relating to our products or services. With your consent, we will use Order Information to send you email marketing communications.
If you register with us via the Site, sign up to receive news and information from us about our products and activities, or communicate with us through or related to the Site, we may collect the following personal information:
▪ Your name;
▪ Contact information for you, including your email address;
▪ Demographic information, such as your address, as well as your interests and preferences for particular guitars;
▪ Other information relevant to providing you with Services.
We refer to this information as “Products Information.”
With your consent, we use Products Information to send you receive marketing communications, including news and information about our products and activities.
We also may receive certain information (your name and/or email address) when you interact with our international network of distributors (each a “Distributor”). This information could be used for our direct marketing efforts, to fulfill contracts between Ernie Ball and a Distributor, contracts between you and a Distributor, and for use related to our legitimate business interests. We refer to this information as “Distributor Information.”
We will only use Distributor Information for direct marketing purposes in accords with the scope of consent you provided to the Distributor to be contacted by us. With respect to information gathered within the European Union, Ernie Ball and each of its Distributors have signed a data sharing agreement to provide appropriate safeguards and an adequate level of protection for Distributor Information. If you are an EU resident, you have a right to obtain details of the mechanism under which Distributor Information is transferred outside of the EU by contacting firstname.lastname@example.org.Upon request at the email address listed, we will provide you with the identity and contact details of the Distributor that provided us with Distributor Information associated with you. We do not share Distributor Information with any third party.
We use Personal Information to comply with our legal obligations; enforce our legal rights; investigate or settle disputes; comply with applicable law, court order, other judicial process; law enforcement requests, or the requirements of a regulator; to enforce our agreements with you; to maintain our records; to use as otherwise required. It is in our legitimate interest to use your personal information to comply with other legal obligations. In some cases, this processing will be necessary to perform a contract to which you are a party.
SHARING YOUR PERSONAL INFORMATION
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to otherwise protect our rights.
We use the “visitor action pixels” from Facebook Inc. (1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”)) on our website.
This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes.
For EU residents, where required we engage in this practice with your consent. If you are in the EU, you can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
Facebook is certified under the Privacy Shield Agreement and thus may receive your data under the GDPR. (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
For EU residents, where required we engage in this practice with your consent. Users can prevent the collection of data generated by cookies by downloading and installing the browser plug-in that is available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Google is certified under the Privacy Shield Agreement, which means Google may receive your data under the GDPR. (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European Union resident, you may exercise the following rights with respect to the personal information we hold about you, including the following rights:
• Right of Accessing Personal Data – You may request a copy of the information we process.
• Right of Rectification of Personal Data – You may request the correction of any inaccurate personal data held by us. If you are entitled to have information corrected and if we have shared your personal information with others, we will let them know about the rectification where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your personal information so that you can contact them directly.
• Right of Erasure of Personal Data – You can ask us to delete or remove your personal information in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we have shared your personal information with others, we will let them know about the erasure where possible. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information with so that you can contact them directly.
• Right of Restriction of Processing – You can ask us to restrict the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we have shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your personal information so that you can contact them directly.
• Right of Data Portability – You have the right, in certain circumstances, to receive a copy of personal information we've obtain from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
• Rights Related to Automated Decision-Making and Profiling. You have the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
• Right to Withdraw Consent. If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. If you would like to exercise this right, please contact us at email@example.com.
• Right to Lodge a Complaint. If you have a concern about any aspect of our privacy practices, including the way we've handled your personal information, you can report it to the relevant supervisory authority.
Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the personal information, or where the personal information may be exempt from disclosure due to applicable law. Ernie Ball does not engage in automated decision-making and profiling.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not for use by children under the age of sixteen (16) years, and we do not knowingly collect, store, share or use the personal information of children under 16 years. If you are under the age of 16 years, please do not provide any personal information, even if prompted by the Site to do so. If you are under the age of 16 years and you believe you have provided personal information to us, please ask your parent(s) or guardian(s) to notify us and we will delete all such personal information.
CHANGES TO THIS PRIVACY NOTICE
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
4117 Earthwood Lane, San Luis Obispo, CA, 93401, United States
Last updated and made effective on September 7, 2018.