Last Revised July 10, 2023
THE INFORMATION WE COLLECT
Without limitation, any of the following information may be collected, used and/or shared: information which you may be personally identified such as name; date of birth; age; addresses; email address; gender; telephone number; job title; profession; education level; income; payment information (including credit or debit card number, expiration date and any other associated payment information); as well as other information such as order details; name of your independent consultant; communication preferences; username; password; security questions and answers; and any other information that you provide to us. If you are a consultant we may also ask for your social security number, your banking information and, if applicable, your tax identification number. Some of the above information we collect may be considered Personal Identifiable Information and other information may not.
If you do not provide a piece of the information we request, we may not be able to complete your transaction and may try to contact you.
We collect this information: (a) directly from you when you provide it to us, (b) automatically as you navigate through the site, and (c) From third parties, for example, our consultants. Information collected automatically may include but is not limited to, usage details, IP addresses, and information collected through cookies, web beacons, and other data collection technologies. If you would like more information about the cookies, web beacons, and other data collection technologies we use, please see the section below titled “Cookies, Web Beacons and Other Technologies by Advertisers.”
HOW WE USE YOUR INFORMATION
Please note that we may release the information as is reasonably necessary to comply with the law or protect our rights or the rights of others'.
SMS Text Messaging
At times, we may use or share certain information with third parties including, but not limited to, (a) our affiliates, (b) contractors, service providers (including customer service vendors, quality assurance vendors, cloud storage providers, security safety vendors, and marketing, communication, and text messaging service providers) and other third parties including, without limitation, a Pampered Chef host or Independent Consultant, (c) data analytics services, (d) to fulfill orders or deliver products and/or services to you or your gift recipient; (e) product ratings and reviews; (f) to conduct research and satisfaction type surveys, (g) fulfill the purpose you provided it, (h) marketing and advertising partners, (i) payment processors, and (j) others for any other purpose disclosed by us when you provide the information or with your consent.
At times, we may use or share certain information and data for any purpose with third parties including, but not limited to, (a) our affiliates; (b) contractors, service providers (e.g. text messaging service providers) and other third parties including, without limitation, a Pampered Chef host or Independent Consultant; (c) data analytics services and marketing services;, (d) to fulfill orders or deliver products and/or services to you or your gift recipient; (e) product ratings and reviews; (f) to conduct research and satisfaction type surveys; (g) fulfill the purpose you provided it; and (h) others for any other purpose disclosed by us when you provide the information or with your consent.
We use the payment services provided by PayPal, Inc. and all companies in which PayPal or its successor directly or indirectly from time to time owns or controls ("PayPal"). The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg
PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
If you choose "PayPal" as payment option, we automatically transmit your data to PayPal. By selecting PayPal as payment option, you agree to the transfer of personal data required for payment processing. The data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, and other data if this is necessary for the payment processing.
PayPal is an independent controller and it processes personal data on its own behalf. To learn more about PayPal's data collection and use with respect to its payment services, please read the privacy notice at https://www.braintreepayments.com/de/legal/data-protection-addendum.
You may exercise your data subject rights in connection with the payment processing services with PayPal according to the instructions described in the Privacy Statement available at www.paypal.com.
With respect to the processing of payments and depending on the payment method chosen and available, we may also share your personal data with PayPal or any other involved payment provider.
AUTOMATICALLY COLLECTED INFORMATION
As is true of many digital properties, we and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, including when you visit our services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, mobile SDKs, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”), and we may use third-party partners or technologies to collect this information. Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.
We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:
• Information about how you use the Service, such as the pages you visit, the links you click, the ads you view and click on, videos you watch, and other similar actions. We may also use third-party tools to collect information you provide to us or information about how you use the Service and may record your mouse movements, scrolling, clicks and keystroke activity on the Service and other browsing, search or purchasing behavior. These tools may also record information you enter when you interact with our Service or engage in chat features through our Service.
• Information about the computer, tablet, smartphone or other device you use, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other such information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
• Information about your location, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate or infer a device’s location by analyzing other information, like an IP address.
• Analytics information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its opt-out options at https://tools.google.com/dlpage/gaoptout.
All of the information collected automatically through these tools allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Sites and Services, and to improve the effectiveness of our Service, offers, advertising, communications and customer service. We also use this information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our services.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the services, as some features and services may not work properly. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
We and our third-party partners also may collect certain information through cookies and similar tools for advertising purposes as further described in the section below titled "Cookies, Web Beacons and Other Technologies by Advertisers."
By accessing the Website and/or providing your information, you acknowledge and agree that your information will be collected and used pursuant to the guidelines of this policy. You acknowledge that we may combine the information we collect from you with information we collect from other sources, both offline and online.
Any communications that you submit or post to an interactive feature such as a blog or message board may be viewable by other users of the Website. While we may remove the information about you, we assume no obligation to do so. We are not responsible for, nor can we guarantee protection of, any information you submit or post to the interactive features of the Website. Therefore, you acknowledge and understand you have no expectation of privacy in the content you submit to the Website's, whether or not it contains your private information.
We will usually store the personal information we collect about you for no longer than necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator or other government authority.
To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting and other applicable obligations.
CHILDREN UNDER THE AGE OF 13
This Website is a general audience website and we do not knowingly collect information from children under 13 years of age. If you are under 13, do not use or provide any information on the Website. If we learn that we have information of a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
• Passwords are required to access your online account and help to protect your account information. Please keep this password confidential.
• Encryption technology, called Transport Layer Security (TLS), helps to protect personal information in certain areas of our websites during transport across the Internet. The presence of TLS encryption may be indicated by https in the browser URL or the image of a closed lock or solid key in the browser window. These indications may not be present in mobile services that use TLS.
• For payment card information, we use secured networks, encryption or other protection of cardholder data, physical and technical access controls, monitoring and tests of security systems, and other information security practices to help to protect your information.
In addition, we use commercially reasonable measures to protect the customer data against unauthorized access. Unfortunately, however, no data transmission over the internet or stored on computer systems can be guaranteed to be 100% secure. As a result, while we strive to protect your information we do not guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. We are not responsible for the actions of unaffiliated third parties.
We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, and other similar information. If permitted by your device settings, they may also collect location data through GPS, Wi-Fi or other methods. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.
We may engage in the following:
We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative’s (NAI) online resources, at www.aboutads.info/choices or http://www.networkadvertising.org/choices/. or if you are in the European Economic Area, United Kingdom or Switzerland: https://youronlinechoices.eu. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
ADDITIONAL DISCLOSURES FOR U.S. RESIDENTS
Depending on your state of residency, you may be able to exercise additional rights granted by applicable law in relation to the personal information about you that we have collected (subject to certain limitations). For additional information concerning these rights, please review our Additional U.S. State Privacy Disclosures.
NON-UNITED STATES USERS
You acknowledge that we are principally located in the United States and, accordingly, your information may be transferred to, processed, analyzed, and stored in the United States. If you are located outside of the United States, the information you provide to us will be transferred to the United States whose laws may not provide the same level of protection for your personal information as your home country. In case you wish to verify which personal data is stored on your behalf, have it modified, corrected, or deleted, please contact us at [email protected] and explicitly describe your request. You may also contact us at the aforesaid email address and advise us not to use the information you shared with us. By using our web-site you consent to the adjudication of any disputes in the federal courts of, and in accordance with the laws of, the State of Illinois.
PRIVACY INQUIRES BY EU CITIZENS
COMPLIANCE WITH CANADA'S ANTI-SPAM LEGISLATION ("CASL")
You may be asked to provide your Personal Information to opt-in to receive emails or text messages about our products, promotions, special offers and company updates. This consent is sought by The Pampered Chef, Ltd., One Pampered Chef Lane Addison, Il 60101. You can unsubscribe at any time from these commercial electronic messages by using the "unsubscribe link" located in the email, by replying STOP to the text message, by contacting us at [email protected], or by mail, The Pampered Chef, Ltd. Attn: General Counsel, One Pampered Chef Lane Addison, Il. 60101.
TRANSFER IN THE EVENT OF SALE OR CHANGE OF CONTROL
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. Pursuant to Title 17, United States Code, Section 512(c)(2) (the "DMCA"), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. Please send such notices to [email protected] or mail said notifications addressed to, Attn: General Counsel, One Pampered Chef Lane Addison, Il. 60101. Notices must comply with the Act and include substantially the following: (a) Your physical or electronic signature, (b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works, (c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, (d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address), (e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, (f) A statement that the information in the written notice is accurate, and (g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
ADDITIONAL U.S. STATE PRIVACY DISCLOSURES
Last Updated: July 10, 2023
When we use the term “personal information” in these U.S. Disclosures, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person, or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information” under applicable privacy and data protection laws.
Collection and Use of Personal Information
The following personal data elements we collect may be classified as “sensitive” under certain privacy laws (“sensitive information”): username and password. If you are a consultant, we may also ask for your social security number, your banking information and, if applicable, your tax identification number.
We only use or disclose sensitive information for the following purposes, where such use or disclosure is necessary and proportionate for those purposes: for performing services you have requested; for detecting security incidents, fraud and other illegal actions; to ensure the physical safety of natural persons; to perform services on behalf of the business (where the sensitive information is reasonably necessary and proportionate for this purpose); or for short term transient use. We collect and process sensitive information without the purpose of inferring characteristics about a consumer.
We may receive, or process personal information to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.
Your Privacy Choices
Depending on your state of residency, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
• The Right to Know. The right to confirm whether we are processing personal information about you and, under California law only, to obtain certain personalized details about the personal information we have collected about you in the last 12 months, including:
• The categories of personal information collected;
• The categories of sources of the personal information;
• The purposes for which the personal information were collected;
• The categories of personal information disclosed to third parties (if any), and the categories of recipients to whom the personal information were disclosed;
• The categories of personal information shared for cross-context behavioral advertising purposes (if any), and the categories of recipients to whom the personal information were disclosed for those purposes; and
• The categories of personal information sold (if any), and the categories of third parties to whom the personal information were sold.
• The Right to Access and Portability. The right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
• The Right to Request Deletion. You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
• The Right to Correction. You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information.
• The Right to Opt Out of Sales or Sharing for Targeted Advertising. You have the right to direct us not to “sell” personal information we have collected about you to third parties for monetary or other valuable consideration, or “share” your personal information to third parties for cross-context behavioral advertising purposes. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
• The Right to Control Over Automated Decision-Making/Profiling. The right to direct us not to use automated decision-making or profiling for certain purposes.
Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.
How to Exercise Your Privacy Rights
To submit a request to exercise one of the privacy rights identified above, please submit a request by:
We may need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Exercise Your Right to Opt-Out of Personal Information Sales or Sharing for Targeted Advertising
You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
• Opt-Out of “Selling” of Personal Information. We may share your personal information (such as your name, e-mail address, postal address, and phone number) with third parties who may use such information for their own commercial or business purposes. To opt out of such sharing, please fill out our Individual Rights Request Form.
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these U.S. Disclosures where we can verify the authorized agent’s authority to act on your behalf.
For requests to know, delete, or correct personal information, we require the following for verification purposes:
(a) a power of attorney valid under the laws of California from you or your authorized agent; or
(b) sufficient evidence to show that you have:
1. provided the authorized agent signed permission to act on your behalf; and
2. verified your own identity directly with us pursuant to the instructions set forth in these U.S. Disclosures; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
For requests to opt-out of personal information “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
Appealing Privacy Rights Decisions
• Colorado Residents: If your appeal is denied, you may contact the Colorado Attorney General to address your concerns here.
• Connecticut Residents: If your appeal is denied, you may contact the Connecticut Attorney General to submit a complaint here.
• Virginia Residents: If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint here.
The following disclosures only apply to residents of the State of California.
Personal Information Collection
In the last 12 months, we may have collected the following categories of personal information: identifiers, commercial information, internet/network information, geolocation data, professional/employment information and inferences generated from your use of our sites. For more information about our collection of personal information, the sources of personal information, and how we use this information, please see Information We Collect and How We Use Your Information sections of our Privacy Notice.
Disclosure of Personal Information
• Our affiliates;
• Service providers, contractors and advisors that perform services for us, on our behalf, which may include providing marketing and advertising services, communications services, quality assurance services, cloud storage, fulfillment services, and security and safety services.
• Payment processors;
• Pampered Chef hosts and Independent Consultants;
• Ad networks and advertising partners, including social networks, to deliver advertising and personalized content to you on our services, on other sites and services you may use, and across other devices you may use, as well as provide advertising-related services such as reporting, attribution, analytics, and market research;
• Social networks for advertising or personalization purposes, or to engage with you.
• Analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our Service;
• Internet / Network Information
• Geolocation Information
Minors. We do not sell the personal information and do not have actual knowledge that we sell the personal information of minors under 16 years of age. If we wish to do so in the future, we will first seek affirmative authorization form either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at [email protected] to inform us if you, or your minor child, are under the age of 16.
If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at [email protected]. We may not be able to modify or delete your information in all circumstances.
If you wish to submit a privacy request on behalf of your minor child in accordance with applicable jurisdictional laws, you must provide sufficient information to allow us to reasonably verify your child is the person about whom we collected personal information and you are authorized to submit the request on your child’s behalf (i.e. you are the child’s legal guardian or authorized representative).
“Shine the Light”. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. To opt out of this type of sharing, please email us at [email protected] or by mailing a request to: The Pampered Chef, Ltd. Attn: General Counsel, One Pampered Chef Lane Addison, Il. 60101. In your request, kindly advise us where we should send our response to. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
We do not offer any financial incentives in exchange for the retention or sale of personal information. If we do offer any financial incentives in the future, we will provide a summary of the incentive offered the categories of personal information implicated, how a consumer can opt-in and an explanation of why the financial incentive is permitted under the CCPA.
UPDATES TO THESE U.S. DISCLOSURES.
We will update these U.S. Disclosures from time to time. When we make changes to these U.S. Disclosures, we will change the "Last Updated" date at the beginning of the U.S. Disclosures. If we make material changes to these U.S. Disclosures, we will send notice by email to the email address specified in your account and post a notice on the website home page and/or by posting a notice on the website home page. All changes shall be effective from the date of publication unless otherwise provided in the notification.
If have questions about these U.S. Disclosures or our privacy practices, please contact us at [email protected], or by mail addressed to, The Pampered Chef, Ltd. Attn: General Counsel, One Pampered Chef Lane Addison, Il. 60101.