Cookware Company (USA), LLC

Privacy Disclosures for California Residents

These disclosures supplement the Privacy Policy (the “Policy”) of The Cookware Company (USA), LLC, a Delaware limited liability company, (“CWC”), which can be found at https://www.greenpan.us/ (the “Site”).  These supplemental privacy disclosures (“Disclosures”) are provided pursuant to the California Consumer Privacy Act (“CCPA”), as amended, and apply only to residents of California.  Each capitalized term used, but not defined in these Disclosures or the Policy, shall have the meaning given to such term in the CCPA.

Definitions

Capitalized terms shall have the same meaning as the terms defined in the Policy.  In addition, in these Disclosures:

(a)       “"California Information” means all California Information that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act, including any amendments thereto.

(b)       “Cross-Context Behavioral Advertising” means the targeting of advertising to a consumer based on the consumer’s California Information obtained from the consumer’s activity across businesses, distinctly-branded websites, applications, or services, other than the business, distinctly-branded website, application, or service with which the consumer intentionally interacts.

(c)       “Sensitive Personal Information” means all (i) California Information that reveals (A) a California resident’s social security, driver’s license, state identification card, or passport number; (B) a California resident’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a California resident’s precise geolocation; (D) a California resident’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a California resident’s mail, email and text messages, unless CWC is the intended recipient of the communication; (F) a California resident’s genetic data; and (2) (A) the processing of biometric information for the purpose of uniquely identifying a California resident; (B) California Information collected and analyzed concerning a California resident’s health; or (C) California Information collected and analyzed concerning a California resident’s sex life or sexual orientation; Sensitive Personal Information that is “publicly available” pursuant to the California Laws is not considered Sensitive Personal Information or California Information.

(d)       “Share,” “Shared,” or “Sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s California Information, including California Information, by CWC to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for Cross-Context Behavioral Advertising for the benefit of a business in which no money is exchanged.

Required Disclosures

Categories of California Information Collected, Disclosed and Shared for a Business Purpose

In the past twelve months, CWC has collected, disclosed and Shared the following categories of California Information to the third parties, set forth below.

Categories of Sources from which California Information is Collected

CWC collects California Information through the Site, from third parties acting on behalf of Consumers, or from customers with whom or which CWC has a business relationship, including from representatives of CWC’s customers. 

Purposes for Collecting California Information

CWC uses California Information collected by it for one or more of the following business purposes:

• To achieve the purposes for which the California Information was provided (e.g. if a Consumer provides California Information to ask a question about CWC’s products, or to order products, CWC may use that California Information to respond);
• To fulfill orders for products, or to process returns of products;
• To record use of the Site, diagnose problems with the Site, and improve, and make more useful to users of, the Site;
• To send e-mail messages, newsletters, and other correspondence regarding CWC and its products;
• To provide a Consumer with support, and to respond to questions, regarding products of CWC;
• To respond to requests from law enforcement or other governmental authorities;
• To comply with any applicable law or other legal obligation;
• To prosecute, or defend itself in, a legal dispute; and
• For any other business purpose permitted by the CCPA, including any amendments thereto, and its regulations.

Purposes for Sharing California Information

CWC Shares California Information with third parties which provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways.

Purposes for Disclosing California Information

CWC may disclose California Information, including any category of California Information collected, with third parties, including Contractors or Service Providers, to enable CWC to provide products and services, and otherwise conduct its business operations.

No Knowledge of California Information Sold or Shared for Consumers Under Sixteen

In the preceding twelve months, to its knowledge, CWC has not sold or Shared any California Information of Consumers under sixteen years of age with any third parties.

Sensitive Personal Information

CWC does not collect, use or disclose Sensitive Personal Information for the purpose of inferring characteristics about Consumers.  CWC will only collect, use or disclose Sensitive Personal Information: (1) to provide the services or benefits expected by an average consumer; (2) to prevent, detect and investigate security incidents that compromise the availability, integrity or confidentiality of stored or transmitted California Information to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (3) to resist malicious, deceptive, fraudulent or illegal actions directed at the business and to prosecute those responsible for those actions, to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (4) to ensure the physical safety of natural persons, to the extent the use of your California Information is reasonably necessary and proportionate for these purposes; (5) for short-term, transient use, including, but not limited to, non-personal  advertising shown as part of a consumer’s current interaction with the business, provided that the California Information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (6) to perform services on behalf of the business, provided that the use of the consumer’s California Information is reasonably necessary and proportionate for this purpose; and (7) to verify or maintain the quality or safety of a produce, service or device that is owned, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business, provided that the use of the consumer’s California Information is reasonably necessary and proportionate for this purpose.

Retention of California Information

CWC keeps California Information as long as it is needed to provide our products, comply with legal obligations or protect our interests.  We decide how long we need information on a case-by-case basis.  The following factors are taken into consideration when making such a determination:

• If CWC needs the California Information to operate or to provide our products.
• The amount, nature, and sensitivity of the California Information.
• The feature we use it for, and how that feature works.
• How long we need to retain the California Information to comply with certain legal obligations.
• If we need it for other legitimate purposes, such as to prevent harm; investigate possible violations of our terms or policies; promote safety, security and integrity; or to protect CWC and its employees, including protection of rights, property or commercial interests.

Summary of Consumers’ Rights

The following is a summary of a Consumer’s rights under the CCPA, including any amendments thereto:

Right to Know Specific Information

You have the right to request that CWC disclose certain information to you regarding your California Information collected by CWC in the preceding 12 month period or, if requested and the data was collected on or after January 1, 2022, beyond the 12 month period, as long as doing so does not prove impossible or involve disproportionate effort on CWC.  Specifically, you have the right to request the following:

• The categories of California Information collected about you;
• The categories of sources from which the California Information was collected;
• CWC’s business or commercial purpose for collecting your California Information or, if applicable, disclosing, selling or Sharing your California Information;
• The categories of third parties to whom CWC discloses, sells or Shares your California Information; and
• The specific pieces of California Information collected about you.

Right to Delete Information

You may request that CWC delete any of your California Information retained by it, subject to certain exceptions.  Upon receiving and confirming your California Request (as defined below), CWC will delete (and direct its Contractors and Service Providers to delete) such California Information from CWC’s (or such Contractors’ or Service Providers’) records, except that CWC may deny your request if retaining the California Information is necessary for CWC or one of its Contractors or Service Providers to:

• Complete the transaction for which CWC collected the California Information, provide requested products and services, take actions reasonably anticipated within the context of CWC’s ongoing business relationship with you, or otherwise perform a contract between CWC and you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activity;
• Debug products to identify and repair errors that impair intended functionality;
• Exercise free speech, ensure the right of another Consumer to exercise his or her free speech rights, or exercise another right provided by law;
• Comply with the California Electronic Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Enable solely internal uses that are reasonably aligned with Consumer expectations based on a Consumer’s relationship with CWC;
• Maintain internal records reasonably required for audits by external and internal auditors (including, but not limited to, accountants, banks and other financial institutions, and government authorities);
• Comply with a legal obligation; and
• Make other internal and lawful uses of California Information that are compatible with the context in which the California Information was provided.

Right to Correct Information

You may request that CWC correct your California Information if it is inaccurate, taking into account the nature of the California Information and the purposes of the processing of the California Information. Upon receiving your California Request, CWC will use commercially reasonable efforts to correct your California Information.

RIGHT TO OPT OUT OF TARGETED ADVERTISING

You may opt out of the processing of your California Information obtained from your activities on nonaffiliated websites or online applications for the purposes of targeted advertising. A link to the opt out page can be found on the Site’s homepage. 

Right to Non-Discrimination

CWC will not discriminate against a Consumer for exercising any rights under the CCPA, as amended.  In particular, if a Consumer exercises any such rights, CWC will not:

• Deny goods or services to a Consumer;
• Charge a Consumer different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties;
• Provide a Consumer a different level or quality of products or services; or
• Suggest that a Consumer may receive a different price or rate for products or services, or a different level or quality of products or services.

However, CWC may offer a Consumer certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.  Any such financial incentives offered by CWC will reasonably relate to the value of California Information, and contain written terms that describe the material aspects of such financial incentives.  A Consumer’s prior opt-in consent, which may be revoked at any time, is required before the Consumer obtains such financial incentives.

VERIFIABLE CONSUMER REQUESTS

To exercise your rights described in these disclosures and the Policy, you must submit a verifiable consumer request (a “California Request”) to CWC as set forth in the Contact Information Section of the Policy.  Only you, or a an agent registered with the California Secretary of State that you authorize to act on your behalf, may make a California Request relating to your California Information.  You may also make a California Request on behalf of your minor child.

The California Request must:

• Provide sufficient information that allows CWC to reasonably determine you are the person about whom CWC collected California Information or an authorized representative.
• Describe your request with sufficient detail that allows CWC to properly understand, evaluate, and respond to it.

CWC cannot respond to a request or provide California Information if it cannot verify your identity or the individual’s authority to make the request on your behalf unless it can confirm that the California Information relates to you. CWC will only use California Information provided in a California Request to verify the requestor’s identity or authority to make the request.

CWC’S RESPONSE

CWC endeavors to respond to a California Request within 45 days of its receipt.  If CWC requires more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. CWC will deliver its written response by mail or electronically, at your option. Any disclosures provided by CWC will only cover the 12-month period preceding receipt of the verifiable consumer request.  However, if the California Information was collected on or after January 1, 2022 and your request is for longer than the 12-month preceding period, CWC will disclose the data requested, as long as doing so does not prove impossible or involve disproportionate effort to CWC.  The response provided by CWC will, if applicable, also explain the reasons CWC cannot comply with a request.  For data portability requests, CWC will select a format to provide your California Information that is readily useable and should allow you to electronically transmit the information from one entity to another entity without hindrance.

CWC does not charge a fee to process or respond to your California Request unless it is excessive, repetitive, or manifestly unfounded.  If CWC determines that your request warrants a fee, CWC will tell you why a fee is warranted and provide you with a cost estimate before completing the request.

Revisions to These Disclosures

CWC may revise these disclosures from time to time by posting the revisions on the Site.  Any such revision will take effect immediately upon such posting, but will only relate to California Information collected after such revision is posted.  It is a Consumer’s responsibility to periodically check the Site for revisions to these disclosures.

Effective Date:  June 30, 2023