PRIVACY POLICY

Effective Date: July 3, 2023

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 of Use for the U.S. website for LIFEFACTORY brand located at Thermos.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 Thermos’ 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

Personal Information We Collect
Sources of Personal Information About You
Our Use of Personal Information
Sharing of Personal Information
Exercising Your Individual Privacy Rights
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.  If we make material changes, we will notify you via the email address we hold for you and will also post a notice that we have changed our privacy notice on our homepage. 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.

PERSONAL INFORMATION WE COLLECT

The types of Personal Information we collect may include:

 

• Contact Information – If you submit an inquiry, register for an account, or provide information on our Site, we may collect your contact information. This may include your name, email address, demographic information, and phone number.
• Financial Information – If you make any financial transactions or purchases through our Site, we will collect your financial information, including your name and payment information. 
• Location Data – While navigating our Site your mobile device or browser may share your location data, both through WIFI and GPS. We will collect this information based on the settings of your phone and browser. 
• Usage Information – When you use our Site, our servers may automatically record information, including your Internet Protocol address (“IP Address”), browser type, referring URLs (e.g., the site you visited before coming to our Site), domain names associated with your internet service provider, information on your interaction with the Site, and other such information.
• Employment Information – If you apply for employment, we will collect your employment and work history, as well as other personal information related to your potential employment. This may include your education and employment history, address and contact information, demographic information, and any other information included in your resume or application. 
• Communication Information We also may collect audio, electronic, or visual information, which includes screen sharing views, emailed, or otherwise provided by customers; the contents of your communications with us, whether via our chat functionality, e-mail, social media, telephone or otherwise, and inferences we may make from other personal information we collect. You acknowledge and agree that the content of your messages to us may be recorded.

SOURCES OF PERSONAL INFORMATION ABOUT YOU

We obtain information about you from a variety of sources, including you, your interactions with Thermos, 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.

PERSONAL INFORMATION YOU PROVIDE TO US

If you use certain Services, you may be required to provide us certain Personal Information.

Personal 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 Personal 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.

PERSONAL 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 or with our permission 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 or referring ads to our Website, previous website activity time-stamp, event names, attribute name and values, search terms used to reach our Website, tag specific data, 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).

Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Site may not be available, or some functionality may be limited or unavailable.  Please review the help pages of your browser or mobile device for assistance with changing your settings.

PERSONAL INFORMATION WE COLLECT FROM THIRD PARTIES

The Website also may use third party partners, 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 Personal 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, the Personal 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 Personal Information about you through our Website share the Personal 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 Personal Information they have obtained from other sources.

OUR USE OF PERSONAL INFORMATION

We may use personal 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 personal 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   from us by following the opt-out instructions in those emails.. 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.

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 Personal 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 and contractual obligations.
• To improve our products or product information, operate the Site and provide support to our business functions.
• To provide alternative displays of the Website, if available, in line with accessibility guidelines.
• To fulfill any other purpose for which you provide it, fulfill customer requests, such as to create an account or complete customer purchases and provide customer support.
• 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 your Personal Information.
• For any other purpose with your consent.
• We (or our service providers) may use the Personal Information we have collected from you to enable us, our service providers, or other advertising platforms to display advertisements or improve their own services.
• To respond to reviews, comments, or other feedback provided to us.
• To respond to inquiries related to employment opportunities.
• To protect against criminal activity, claims and other liabilities.
• To protect the security and integrity of the Website.
• The extent required for benchmarking, data analysis, audits, developing new products, enhancing the Site, facilitating product, software and applications development, improving the Site or our services, conducting research, analysis, studies or surveys, identifying usage trends, as well as for other analytics purposes.

 

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 PERSONAL 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 a 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, applicable law or legal process, including to respond to any government or regulatory request, and our policies.
• When we have a good faith belief that access, use, preservation or disclosure of personal information is reasonably necessary to (a) detect, prevent, or otherwise respond to fraud, security or technical concerns, or (b) support auditing and compliance functions.
• If we are involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal information may be transferred along with the business. Where legally required we will give you prior notice and if you have a legal right to do so, an opportunity to object to this transfer.
• 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 about products, sweepstakes or contests, special offers, or other events or activities in connection with our Services.
• With your consent or direction.
• We may also share non-personally identifiable information (aggregated or otherwise) with third parties for any reason.

EXERCISING YOUR INDIVIDUAL PRIVACY RIGHTS

Subject to certain exceptions, and depending on where you are resident, 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  privacy@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 Thermos.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 privacy@thermos.com, calling us at 1-800-831-324 using the Contact Us page, 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 your Personal Information if you are an agent. We may also ask you to describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In certain circumstances as permitted by applicable law, we reserve the right to charge a reasonable fee to comply with your request to change, transfer, or provide details about your Personal Information.

RIGHTS OF CALIFORNIA, UTAH, VIRGINIA, COLORADO, AND CONNECTICUT RESIDENTS

This Section applies to our collection and use of personal information if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations, as amended by the California Privacy Rights Act (the “CPRA”). This section also addresses certain rights under other state privacy laws as well.

When we use the term “personal information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household. If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in section below.

Subject to certain exceptions, if you are a California, Utah, Virginia, Colorado, or Connecticut resident, you may have the following rights and we respect those rights:

• Notice – The right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
• Access – The right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the personal information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You may also have the right to request the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
• Data Portability – The right to receive the Personal Information you have previously provided to us.
• Erasure – The right to have your Personal Information deleted.
• Correction – You have the right to request that we correct any incorrect Personal Information that we collect or retain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see below), we will correct (and direct any of our service providers that hold your data on our behalf to correct) your Personal Information from our records, unless an exception applies. We may deny your correction request if (a) we believe the Personal Information we maintain about you is accurate; (b) correcting the information would be impossible or involve disproportionate effort; or (c) if the request conflicts with our legal obligations.
• To Opt Out of Sales or Sharing of Personal Information – We may sell or share your Personal Information. You may have the right to opt-out of sale of Personal Information. See the “Your Privacy Choices” page for details on how to opt out.)

• Limit Use of sensitive Personal Information – Thermos may receive sensitive Personal Information to provide its products and services to its customers, including for example, managing warranty claims, providing payments to its vendors, and assessing/managing product safety and related risks.  Subject to certain exceptions, you may have the right to limit our use of your sensitive Personal Information by using the “Your Privacy Choices” link found on our Site.

Thermos will not discriminate against you in the event you exercise any of the aforementioned rights under the CCPA, including, but limited to, by:

• Deny good or services to you;
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Providing a different level or quality of good or services to you; or
• Suggesting that you will receive a different price or rate for good or services or a different level or quality of good or services.

The CCPA give California Consumer the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.

From time to time, we may provide financial incentives (e.g., a discount code for a purchase on Thermos.com) in association with you providing us with personal information (e.g., email address) or agreeing to receive emails from us. However, the value of such discount is reasonably related to the value provided by the consumer.

Categories of Personal Information Collected, Used, and Shared

We have collected the following categories of Personal Information from our consumers within the last 12 months. The sources from which we obtain this information and the ways in which we use this information are set forth in section above. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We may collect the following and may sell or disclose for a business purpose:

Category	Collected	Source of Collection	Purpose of Collection	Category of Third Parties or Service Providers to whom Personal Information is Disclosed	Category of Third Parties to whom Personal Information is Sold or Shared
Identifiers.	Yes	Directly from you	To provide our services to you	Service providers and Third parties	Third parties
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Yes	Directly from you; Third parties; Business Partners	To provide our services to you	Service providers and Third parties	Third parties
Protected classification characteristics under California or federal law.	Yes	Directly from you; Third parties; Business Partners	To provide our services to you	Service providers and Third parties	Third parties
Commercial information.	Yes	Directly from you; Third parties; Business Partners	To provide our services to you	Service providers and Third parties	Third parties
Internet or other similar network activity.	Yes	Directly from you; Third parties; Business partners; and Cookies	To provide our services to you	Service providers and Third parties	Third parties
Geolocation data.	Yes	Directly from you; Third parties; Business partners; and Cookies	To provide our services to you	Service providers and Third parties	Third parties
Professional or employment-related information.	Yes	Directly from you; customer; Third parties; Business partners	To provide our services to you	Service providers and Third parties	Third parties
	No	N/A	N/A	N/A	N/A
Inferences drawn from other personal information.	Yes	Directly from you; Third parties; Business Partners	To provide our services to you	Service providers and Third parties	Third parties
Sensitive personal information	Yes	Directly from you	To provide our services to you	Service providers and Third parties	We do not sell your Sensitive Personal Information. We may share this category of Personal Information with our service providers in connection with providing their services.

We will retain your personal information for as long as we need it to provide you with our products and services. Because the length of your use of our services are not foreseeable, we cannot provide you with an exact timeframe for how long we retain your information. Our legal obligations may also require us to maintain your personal information for longer periods of time if your personal information becomes subject to such legal obligations.

If you are a California resident, you may also have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, pursuant to the California Civil Code Section 1798.83, by contacting us per the “Contact Us” Section below.
LINKS TO OTHER WEB SITES: THIRD PARTY APPLICATIONS

Thermos is 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.

CHILDREN'S POLICY

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. 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.

HOW LONG DO WE KEEP 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 personal 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 personal information internally in a context compatible with which you provided the Personal  Information.

SECURITY

We use our commercially reasonable efforts to protect the confidentiality and security of personal information we process. However, despite these efforts to store personal information in a secure operating environment, we cannot guarantee the security of personal information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to personal information.

CONTACT INFORMATION

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

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