PRIVACY POLICY

Effective Date: March 29, 2022

INTRODUCTION

Thermos L.L.C. (“Company”, “Thermos”, “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy (“Privacy Policy”) and any applicable laws or regulations.  This Privacy Policy is a part of the Terms for the U.S. website for LIFEFACTORY brand located at Lifefactory.com (“Website”).

This Privacy Policy describes the personal information we collect about you, and how we use and share that information. This policy applies to personal information we collect when you register for this Website; subscribe to the Lifefactory newsletter; enter one of our promotions (e.g., sweepstakes or contest), send us a question, access or use our Website, products, or services (collectively, the “Services”); or when you otherwise interact with us, including through phone, e-mail, text, social media, advertisements, and other electronic messages. It does not apply to information collected by any third party (unless the information is collected at our direction), including through any application or content (including advertising) that may link to or be accessible from our Website or Services.

This Privacy Policy refers to personal information which is information that can be associated with a specific person and used to identify that person. Personal information does not include information that has been anonymized so that it does not identify a specific user, which may be used for any legal purpose. 

This Privacy Policy covers the following topics:

Updates to the Privacy Policy
Sources of Information About You
Our Use of Information
Sharing of Information
Accessing, Updating, Transferring, or Removing Your Personal Information
Links to Other Web Sites
Children's Privacy
Your California Privacy Rights
Security
Contact Information

Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, you should not use our Services. By accessing or using our Services, you agree to this Privacy Policy.

UPDATES TO THE PRIVACY POLICY

We may update, amend, revise or otherwise change this Privacy Policy from time to time. If we make changes, we endeavor to notify you by posting the updated policy and revising the “Effective Date” above. Your continued use of the Services constitutes your acceptance of the then-effective Privacy Policy. However, any changes will not apply to any disputes of which the parties have actual notice on or prior to the date the change is posted on either of the Websites.

SOURCES OF INFORMATION ABOUT YOU

We obtain information about you from a variety of sources, including you, your interactions with us, our Website, our emails, our advertisements, and certain third parties. Such information may include your name, postal address, shipping address, billing address, e-mail address, purchase history, reviews you post on our Website, date of birth, demographic information (such as age, gender, and language), telephone number, and credit card or payment information (if you make a purchase from the Website), pages on our Website you click on, how you interact with emails we send you, or our advertisements, information about the device or location from which you access our Website, among other personally identifiable information described in more detail below. When you interact with us, you should only provide us with true and accurate information about yourself.  If you provide us with personal information about someone other than yourself, you confirm that you have their permission to share such information with us you are authorized to agree (and hereby do agree) to this Privacy Policy on their behalf.

INFORMATION YOU PROVIDE TO US: If you use certain Services, you may be required to provide us certain information.

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Services, subscribing to our newsletter, posting material on our Website, calling, messaging, chatting, or emailing us, or requesting further information or services.

We may also ask you for information when you report a problem with our Services. We may keep records and copies of your correspondence (and any personal information included), in line with this Policy and our records retention policies. We may also keep your responses to surveys that we might ask you to complete for research purposes.

Details of transactions you carry out through our Services and of the fulfillment of your orders. Your search queries on our Website or through our Services.

INFORMATION WE COLLECT FROM YOUR USE OF THE SERVICES AND OTHER INTERACTIONS YOU HAVE WITH US:

We or service providers or vendors acting on our behalf may collect your usage information about how you use the Services, including your access times, location, browser types and language, pages of our Website that you visit, how you interact with our emails or advertisements, referring links to our Website, search terms used to reach our Website, purchases you make from us, and Internet Protocol addresses. We may collect device-specific information when you access our Website or other Services, including your hardware model, operating system and version, unique device identifiers, mobile network information, and information about the device's interaction with our Services.

The information we collect automatically is statistical data and may or may not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve and to deliver better and more personalized Services, including by enabling us or our service providers or vendors to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Services according to your individual interests.
Speed up your searches.
Recognize you when you return to our Services.

Send you emails inviting you to purchase items from our Website.

Serve advertising content via email, social media platforms, search engines, third party websites, and other platforms.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies).A cookie is a small file placed on the hard drive of your computer. You may refuse to accept certain browser cookies by activating the appropriate setting on your browser.

Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of the Services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

The Website also may use third party service providers or vendors, such as Facebook, Instagram, Apple, Amazon, PayPal, Google, Shopify,LivePerson or other third parties, to provide additional services to you via the Website. For example, Google, Facebook, and Instagram may allow you to sign on using an existing account or username/password to access or register with portions of our Website. Amazon, GooglePay, ApplePay, and Paypal may provide payment tools. These third parties (and others) may also collect information (either for us or themselves), or exchange with us personal information about you.  As an example, we may use analytics tools such as Google Analytics. Google provides an explanation of how Google Analytics collects, uses, shares, and manages information at the following link: https://policies.google.com/privacy/update?hl=en&gl=us. (This link is provided for your convenience, but the URL may change or become unavailable at any time.)  Facebook, Instagram, Apple, Amazon, PayPal, Google, and Shopify (plus other third party service providers and vendors) may provide tools for you to extract, modify, delete, or otherwise information they have collected on our behalf or shared with us. LivePerson may allow you to send us chat messages and receive additional information about our products and services. Information collected by third parties on our Website may be subject to third party terms, conditions, and privacy policies.  Please visit their websites for more information.  In some situations, third parties that collect information about you through our Website share the information with us, their own vendors or other service providers. In other cases, they do not share it and only use it for the business purpose for which we request they use it. The third parties may also combine personal information they collect about you on our Website with information they have obtained from other sources.

OUR USE OF INFORMATION

We may use information about you to provide, maintain, personalize and improve our Services, to process payments, ship products you ordered, provide information about product shipments or orders, deliver information and support, including receipts, technical notices, consumer services, security alerts,  and support and administrative messages.

We may use information we collect to send you news and information about our Services and to communicate with you about products, services, contests, promotions, incentives, and rewards offered by us and select partners. You may opt out of receiving promotional emails or text messages from us by following the opt-out instructions in those emails or text messages. If you opt out, we may still send you non-promotional communications, such as messages about your account, your purchases, or our ongoing business relations. If you agree to receive information via text messages, message and data rates may apply.

We may also use information about you (i) to track and analyze trends and usage in connection with our Services; (ii) to process and deliver contest and promotion entries and rewards; (iii) to protect our rights or property; (iv) to compare information for accuracy; (v) to verify your identity; (vi) to investigate and prevent fraud or other illegal activities; (vii) for any other purpose disclosed to you in connection with our Services; or (viii) any other legal purpose.

Additionally, we may use information that we collect about you or that you provide to us, including any personal information:

To provide you with information, products, or services that you request from us.

To fulfill our warranty obligations.

To improve our products or product information.

To provide alternative displays of the Website, if available, in line with accessibility guidelines.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account or purchases.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Services or any products or services we offer or provide though them.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We (or our services provider) may use the information we have collected from you to enable us, our service providers, or other advertising platforms to display advertisements or improve their own service.

We may use third-party service providers to process and store personal information in the United States and other countries.

We also may use, share, or manage your personal information for additional purposes as expressly described in the Official Rules for each promotion (e.g., contest or sweepstakes).

SHARING OF INFORMATION

We may share personal information about you in line with the following:

• With our subsidiaries and affiliates.
• With contractors, vendors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Non-limiting examples of such third parties may include payment processors, shipping carriers, product fulfillment partners, email marketing platforms, advertising platforms, companies with whom we participate in an group promotion or marketing programs, data storage providers, data analytics providers, tax, financial, or legal advisors, and fraud prevention providers, to name a few.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use , and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Thermos, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• To fulfill the purpose for which you provide it.
• With third parties that help us run advertising campaigns, sweepstakes or contests, special offers, or other events or activities in connection with our Services.
• For any lawful purpose, including, without limitation, selling your data to third parties (unless you are a California resident who has requested not to have your information sold or such sale is otherwise not permitted by law)
• With your consent or direction.
• We may also share non-personally identifiable information (aggregated or otherwise) with third parties for any reason.

ACCESSING, UPDATING, TRANSFERRING OR REMOVING YOUR PERSONAL INFORMATION

You may request to update, change, or delete your personal information, object to the processing of your personal information, withdraw your consent to the processing of your personal information, request that we do not sell your personal information to third parties, or request a copy of your personal information that we hold, disclosed, or sold by contacting us at legal@thermos.com or mailing us at: Thermos L.L.C., Attn: General Counsel, 475 N. Martingale Road, Suite 1100, Schaumburg IL 60173. Also, if you created an account on Lifefactory.com, then you may manage certain of your user information by accessing your “My Account” page. You can also ask us how we use your personal information, the source of your personal information, to update or amend your personal information if you believe it is inaccurate, remove your personal information from our records entirely, send copies of your personal information to you or a third party in a commonly used format, to request that we do not subject you or your personal information to automated decision-making, or otherwise restrict our use of your personal information by emailing us at legal@thermos.com, calling us at 1-800-831-3242, using the Contact Us page (https://www.lifefactory.com/contact), or by accessing your “My Account” page.

Before we provide a substantive response to your request, we may ask you for certain identifying information to confirm your identity and your right to access the personal information that we hold about you or that you are authorized to access this information if you are an agent. In certain circumstances, we reserve the right to charge a reasonable fee to comply with your request to change, transfer, or provide details about your personal information. We may, at our option, maintain your personal information until you withdraw your consent, or ask us to delete or transfer the information, to the extent otherwise permitted by law. We also may delete your information in line with our data retention policy. Even when you ask us to delete your information, we may retain certain information required for completing transactions for which you gave us the information, processing warranty claims, manage our ongoing business relationship, detect security incidents, protect against or prosecute malicious, deceptive, fraudulent or illegal activity, debug or repair errors, exercise free speech, ensure another consumer may exercise free speech, exercise another right provided by law, comply with another legal obligation, or otherwise use the information internally in a context compatible with which you provided the information. 

Rights of California Residents

Some data protection laws, such as the California Consumer Privacy Act (CCPA) and California Civil Code Section § 1798.83, provide California residents with certain rights in connection with personal information you have shared with us. If you are a California resident, you may have the following rights and we respect those rights:

• The right to know what personal information we collect, use, share, disclose, or sell, in the previous 12 months; We endeavor to respond to verified requests within 45 days, with a 45 day extension if we provide a notice within the first 45 day period (as applicable under the CCPA). California consumers may make up to two personal information requests in a 12 month period; Certain requests under California Civil Code Section § 1798.83 are specific to uses of personal information for direct marketing purposes.  We may collect the following and may sell or disclose for a business purpose:

• Categories of personal information we may have collected from consumers in the preceding 12 months:
• Identifiers such as full name, alias, account name, email address, Internet Protocol address, postal address, credit card information when you make a purchase from us, other financial information to our payment processors, telephone number, cookies, beacons, pixel tags, mobile ad identifiers, customer number, other similar identifiers;
• Characteristics of protected classifications under California or federal law, such as gender and age;
• Internet or electronic network activity information including interactions with an Internet website, application, and advertisement, operating system, search terms, device used, time on certain sites, referral pages to get to our page;
• Geolocation data;
• Biometric information, such as voice recordings (e.g., if you leave us a voicemail, or if customer service calls are recorded for quality assurance purposes);
• Audio, electronic, visual, thermal, olfactory, or similar information (e.g., voicemail messages or call recordings);
• Inferences about other consumer preferences, characteristics, attitudes, and behavior; and
• Additional information such as language(s) spoken; any other information you provide to us directly or through a service provider, partner, or other third party. 

 

• Categories of sources from which personal information is collected: You, your agents, data analytics providers, social media platforms, website platforms, advertising networks, service providers, internet service providers, partners who help with product fulfillment and web services, partners who run sweepstakes or promotions, partners who assist us with other communication or consumer services, operating systems, other third parties. 

 

• Business / Commercial purposes for which we (or our service providers) may collect, disclose, or sell personal information: To provide you with information, products or services that you request from us, ship products you order, process payments for purchases made, calculate the taxes owed on your purchase, process warranty claims, respond to product or service questions, seek or obtain financial or legal advice, seek or obtain insurance coverage, improve our products or product information, to enable us, our service providers, or other advertising platforms to serve or display advertisements, analyze how you interact with our Website, emails or advertisements, run promotions (e.g., sweepstakes, contests), distribute marketing materials, identify security incidents, protect against malicious, deceptive, fraudulent, or illegal activity and prosecuting those responsible for that activity, fulfill any other purpose for which you provide it, provide you with notices about your account, carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, notify you about changes to our Services or any products or services we offer or provide though them, in any other way we may describe when you provide the information, for any other purpose with your consent.

 

•  Categories of third parties to whom personal information may be sold or disclosed: Subsidiaries and affiliates, Social media platforms, payment processors, data analytics providers, advertising networks, messaging or chat provider, shipping carriers, product fulfillment partners, data storage providers, internet service providers, operating systems and platforms, legal, tax, and financial advisors, insurance broker or company, security and fraud protection providers, and other contractors, service providers, partners.

• You may request additional details per the California laws by sending an email to legal@thermos.com or calling 1-800-831-9242

 

• The right to delete personal information held by businesses and by extension, a business’s service provider (with limited exceptions as permitted by law). You may request that we (and our service providers) delete your personal -information by emailing legal@thermos.com, calling 1-800-831-9242, or mailing us at: Thermos L.L.C., Attn: General Counsel, 475 N. Martingale Road, Suite 1100, Schaumburg IL 60173. Also, if you created an account on Lifefactory.com, then you may manage certain of your user information by accessing your “My Account” page. If you request that we delete information about someone else, we may request evidence that you represent that person.

 

• The right to opt-out of sale of personal information. Consumers are able to direct a business that sells personal information to stop selling that information. We may sell personal information as permitted by law and as described in this Privacy Policy. See the Do Not Sell My Info Page for details on how to opt out.

 

• Under 16. We do not knowingly sell personal information of consumers under age 16.

 

• The right to non-discrimination in terms of price or service when a consumer exercises a privacy right under CCPA. From time to time, we may provide financial incentives (e.g., a discount code for a purchase on Lifefactory.com) association with you providing us with personal information or agreeing to receive emails from us.  However, the value of such discount is reasonably related to the value provided by the consumer.

 

LINKS TO OTHER WEB SITES: THIRD PARTY APPLICATIONS

 

We are not responsible for any practices employed by websites linked to or from our Website, nor their information or content to the extent permitted by law. Please remember that when you use a link to go from our Website to another website, this Privacy Policy is no longer in effect. Your browsing and interaction on any other Website is subject to that Website’s own rules and policies. Please read over those rules and policies before proceeding. Additionally, some content or applications, including advertisements, on or through the Services are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

CHILDREN'S POLICY

The Children’s Online Privacy Protection Act was created to protect children under the age of 13 from unsuspecting acts or practices in conjunction with collecting, using, and disclosing any information about them. Our Services are not intended for anyone under the age of 13. If you are under 13, do not use or provide any information on the Website or through our Services. In addition, users under 18 years of age are not allowed to make purchases. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you are a parent or guardian or otherwise believe we might have any information from or about a child under 13, please contact us so that we can delete the child's information. The Services will never knowingly accept, collect, maintain or use any information from a child under the age of 13. If a child whom we know to be under the age of 13 sends personal information to us online, we will only use that information to respond directly to that child or notify parents. Where appropriate, we may ask you to indicate your age to verify compliance with these policies.

CALIFORNIA AND DELAWARE "DO NOT TRACK” DISCLOSURES

California and Delaware law require us to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising.  At this time, we do not monitor or follow any Do Not Track browser requests.

SECURITY

The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we take many precautions to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on or within the Services.

CONTACT INFORMATION

Please contact us with any questions or concerns regarding our policy at this address: legal@thermos.com

Thermos L.L.C.
Attention: General Counsel
475 N. Martingale Road Suite 1100
Schaumburg IL 60173