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:
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:
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 [email protected]. 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.
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
Wireless Privacy Rights
We may use personal information you've provided on this site to administer the services you've requested, including wireless services that display customized content and advertising. In addition to any fee of which you are notified of, your wireless provider's standard message rates are applicable to our confirmation and all subsequent SMS correspondence. You may opt out from further SMS messages and remove your SMS information from our database by responding 'STOP', 'END' or 'QUIT' to the SMS text message you received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you.
Children Under the Age of 16
Security - How We Protect Your Information
Ernie Ball takes appropriate and reasonable security measures to help safeguard your personal and sensitive information. The information you enter into this Website is protected using industry-compliant 256-bit encryption technology, keeping your information safe from unauthorized access, use, modification and disclosure. Transmission is also secured by secure socket layer technology (SSL). Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure.
GDPR (General Data Protection Regulation)
“Personal data” is any data that can be used to identify you directly or indirectly (e.g., your identity data, your credit card details, device identifier, location, browsing activity, IP address, etc.).
1. Who are we and how can you contact us if you have any concern?
We are the “data controller” of your personal data, (i.e., the organization that is responsible for ensuring that your personal data is processed in compliance with applicable regulations). Our contact details are as follows: 53-973 Polk St. Coachella, CA 92236, USA
If you have any concern, question or if you would like to exercise any of your rights with respect to your personal data, you may contact us at [email protected]
2. What data do we collect and how do we collect it?
We collect your personal data through a variety of methods: either you provide it to us directly, or we collect it from external sources, or we collect it by using automated means.
2.1 The data you provide us directly
In short: During our interactions with you, you may be asked to provide us with information that relates to you. For example, we collect this personal information when you subscribe to a newsletter, fill out a form, place an order, or register as a retailer. You will also be told whether the collection of the personal data is mandatory or not.
In detail: The personal data that you provide to us directly include
2.2 The data we collect automatically when you use our services
In short: During each of your visits to our site, we collect information about your connection and your browsing activity.
3. On what basis do we collect your data?
In short: We must have a valid reason to use your data. One of the reasons we need to collect your personal data is that it is necessary for us to perform our contract with you. Another reason is the fact that we have a legitimate interest that justifies the processing, or that we have a legal obligation to process the data. In all other cases, we will process your personal data because we have your consent.
You will always be prompted to take a clear, affirmative action so that we can ensure that you agree with the processing of your personal data. This action may, for example, take the form of a checkbox or a link that you can click on. For example, we will ask for your consent when you subscribe to our newsletter.
Before obtaining your consent, we will systematically inform you of the purposes of the processing, and you can choose to consent to certain uses that we will make of your data and to refuse others.
If you have given us your consent for processing operations, you may always change your mind, and withdraw your consent at any time; all you need to do is to send us an email at the following address [email protected], or click on the "unsubscribe link" at the bottom of our commercial solicitations.
If you refuse to give us your consent, or decide to withdraw it, you will not suffer any negative consequences and will be able to continue to use the rest of our service normally.
If you have given us your consent, and the processing we carry out on your personal data changes significantly, we will collect your consent again.
Certain processing of your personal data is necessary so that we can perform the service you have asked us to perform.
We also use this justification if you ask us to take certain actions even before we enter into a contract with you (for example, you want to know if we deliver our products to your country of residence).
We justify our processing on our contract with you to process all the personal data that is necessary to ship your products, to respond to any queries you may have, and to prepare your customs documents for product exportations.
Legitimate interest is a set of commercial or business reasons that justify that we process personal data about you.
Our legitimate interests are to comply with our tax reporting obligations.
We will use legitimate interest only when we have carried out an assessment on the impact that this processing may have on you, and concluded that the processing does not unduly infringe your rights and freedoms. For example, we do not use this justification if we process sensitive data, or when the processing would be unexpected for you, or if we consider it to be too intrusive.
4. For what purposes do we use your data?
In short: We must have a pre-defined objective to collect your personal data. These pre-defined objectives are not only necessary for delivering you products and services, but also for marketing purposes.
In detail: We process your personal data for the following purposes:
4.1 To provide you with our products or services
4.2 To send you marketing and commercial communications:
We use your personal data for the following purposes:
4.3. To comply with our legal obligation
5. How long do we keep your data?
In short: We will not retain your personal data indefinitely. Our retention periods vary depending on whether we have an ongoing contractual relationship (you are an active customer), or whether we have had a contractual relationship with you in the past (you are an inactive customer) or whether we never have had such a relationship with you (you are a prospective customer).
In detail: When their retention is no longer justified by legal, commercial or customer account management requirements, or if you have made use of a right of modification or erasure, we will delete your personal data securely.
We will retain your personal data long as it is necessary to meet our legal obligations according to the main retention periods for EU Member State law or Union law, we are subject to. Your personal data will be deleted as soon as the purpose for which they were collected is achieved.
6. Who is likely to have access to the data we collect?
6.1 Disclosure to employees within our organization
In short: We only disclose your personal data to a limited number of individuals within our organization.
In detail: The following individuals within our organization may have access to some of your data: Employees of subscription services, key relations clients, administrative, accounting and management control, IT and marketing & sales.
Access to your data is based on individual and limited access permissions. Staff who can access personal data are subject to an obligation of confidentiality and are trained in the protection of privacy.
6.2 Disclosure of personal data to external organizations
In detail: The following may have access to some of your data:
These processors have access to your personal data in particular for securing your online payments, fraud prevention, shipping your orders, collecting customer reviews, etc.
The disclosure of your personal data to our processor is made on the basis of signed contracts that are binding and that mention their obligations in terms of data protection, data security and confidentiality.
We may disclose your personal data when we are required or authorized by law to cooperate with local, national or international law enforcement or other authorities for the reporting and/or investigation of improper or unlawful activities, or if we need to comply with court orders.
7. What are your rights?
7.1 Your rights under the GDPR
In short: You have the right to ask us what data we process about you, and ask us to correct it, erase it, restrict it, and ask us to transfer your personal data to another controller in certain circumstances at the following address [email protected] You can also lodge a complaint about us by contacting our EU representative (please see address below).
In detail: You have the right to access your personal data and request that it be rectified, supplemented or updated. You can also request the erasure of your data, to restrict our processing, or object to their processing, provided you can justify a legitimate reason.
You can ask to exercise your right to the portability of your data, that is to say the right to receive the personal data that you have provided to us in a structured, commonly used format and the right to transmit this data to another data controller.
You can exercise your rights at the following address: [email protected]
Before responding to your request, we will verify your identity and / or ask you to provide us with more information to respond to your request, if we have any doubts about your identity. We will do our best to respond to your request within one month, unless your request is particularly complex (for example if your request concerns a large amount of sensitive data). In such a case, we will inform you of the need to extend this response time by two additional months.
7.2 Your rights to object to commercial solicitations
In short: When we use your personal information to contact you for commercial solicitations, you can object to these solicitations at any time.
In detail: In any case, you always have the option to object to the sending of these solicitations by clicking on the unsubscribe link provided in each e-mail, by going to your online account or by writing to us at the following address [email protected]
If you have further concerns, please contact [email protected] If you still feel we fail to adequately address your concerns, you can lodge a complaint with our EU representative:
Osano International Compliance Services Limited
25/28 North Wall Quay
Dublin 1, D01 H104
8. How about children's privacy?
In short: We do not provide services directly to children and proactively collect their personal data
In detail: We do not knowingly collect personally identifiable information from anyone under the age of 16.
If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from children without verification of parental consent, we take steps to remove that information from our servers.
CCPA (California Consumer Privacy Act)
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Information We Collect
Ernie Ball collects several types of information that may identify a particular individual (“personally identifiable information”). Ernie Ball collects personally identifiable information when you provide it to us through your use of this Website. In particular, our Website may have collected the following categories of personally identifiable information in the last twelve (12) months:
First name, last name, date of birth, email address, phone number, home address, driver’s license number and state of issue, Social Security Number, Internet Protocol (IP) address, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, residential history, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Note: Some personal information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Records of personal property, products, or services purchased, obtained, or considered, or other consuming histories or tendencies.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Internet or other similar network activity.
Browsing history, browser, device, search history, information on a consumer's interaction with a website, timestamp, IP address, application, or advertisement.
Physical location or movements.
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information.
Employment history, employment status, income, payroll, benefits
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Ernie Ball obtains the categories of personally identifiable information listed above from the following categories of sources:
Non-Personally Identifiable Information
Personally identifiable information does not include:
Use Of Your Information
Ernie Ball may also use the information you provide to verify your identity and protect against possible fraudulent transactions pursuant to Section 326 of the USA PATRIOT ACT in order to help the government fight identity theft, the funding of terrorism and money laundering activities, and to help verify a customer's identity. Ernie Ball may also use the information you provide to investigate complaints regarding your use of the Website and for internal security purposes such as fraud detection and internal reporting.
Disclosing Personally-Identifiable Information
Ernie Ball may share your personally identifiable information with third parties for a business purpose including, without limitation, transferring or licensing, subject to your right to opt-out of such use by us of your personally identifiable information described herein. We may share your personally identifiable information with the following categories of third parties:
Ernie Ball will disclose your personally identifiable information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. We will disclose your personally identifiable information when we believe disclosure is necessary to investigate, prevent, or take action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property, or safety of our company, our employees, our Website users, or others, or to enforce our Website terms and conditions or other agreements or policies.
Disclosures of Personally-Identifiable Information For a Business Purpose
In the preceding twelve (12) months, Ernie Ball has not sold personally identifiable information for business purposes.
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Ernie Ball discloses certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Your Choices About The Use Of Your Information And Opting Out
Exercising Access, Data Portability, and Deletion Rights
We cannot respond to your request or provide you with personally identifiable information if we cannot verify your identity or authority to make the request and confirm the personally identifiable information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personally identifiable information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
Personal Information Transfer and Licensing Opt-Out and Opt-In and Email Unsubscribe Rights
Ernie Ball is not intended for use by anyone under eighteen (18) years of age. The foregoing provisions nonetheless apply in the event we unintentionally obtain information from someone under eighteen (18) years of age.
If you are sixteen (16) years of age or older, you have the right to direct us to not transfer or license your personally identifiable information at any time (the "right to opt-out"). We do not transfer or license the personally identifiable information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing [email protected] or [email protected]
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personally identifiable information sales. However, you may change your mind and opt back in to personally identifiable information transfers or licensing at any time by emailing [email protected] or [email protected]
You do not need to create an account with us to exercise your opt-out rights. We will only use personally identifiable information provided in an opt-out request to review and comply with the request.
When you submit your information on Ernie Ball, you may receive email messaging or third party marketing messages. You will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. You may also opt out of receiving commercial emails by using the 'Unsubscribe' link on our site. Please allow for up to ten (10) business days for your request to be to processed. If you remove your information from our database it will no longer be used for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you. If your information has already been shared with a third party, it may be necessary to contact the third party directly to opt out of receiving information from them.
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personally identifiable information ’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Further, you can choose not to provide us with certain personally identifiable information, however doing so may result in limited access to certain features and services provided on this Website.
California Privacy Rights
California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits users who are residents of California to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and would like to make a request, please submit your request in writing to [email protected]
53-973 Polk St. Coachella, CA 92236, United States