Kelly-Moore Paints Privacy Policy and Statement

This Privacy Policy and Statement was last updated on March 8, 2021.

In this Privacy Policy and Statement, we explain what we do with the information we obtain about you when you visit our stores and/or our websites at https://kellymoore.com, https://kellymooreshop.com/ and https://order.kellymoore.com/. We recommend that you carefully read this statement. In our processing, we comply with the requirements of privacy legislation. That means, among other things, that:

• We clearly state the purposes for which we process personal data. We do this by means of this Privacy Policy and Statement;
• We aim to limit our collection of personal data to only the personal data required for legitimate purposes;
• We first request your explicit consent to process your personal data in cases requiring your consent;
• We take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf; and
• We respect your right to access your personal data or have it corrected or deleted, at your request.

If you have any questions, or want to know exactly what data we keep of you, please contact us.

1.) Categories of Information Collected

The following are the categories of personal information that we may collect from you:

• A first and last name
• Account name or alias
• A home or other physical address, including street name and name of a city or town
• An email address
• A telephone number
• IP address
• A signature
• Driver’s license
• State identification card number
• Financial or payment information such as credit card number or bank account number
• Education information
• Professional or employment-related information
• Employment history
• Commercial information, including records of personal property, products or services purchased, obtained, or considered
• Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation data
• Your image (recorded on in-store security cameras)
• Your social security number or the last four digits (limited to credit applications for professional, commercial and/or charge accounts, in order to enable us to perform a credit check, issue your account and provide service to you)

2.) How Your Information is Collected

We may collect your information from the following sources:

• Information we collect directly from you: You may provide us with your information when you use our website, register with our website, participate in our offers and programs, purchase products from our website or in stores, or contact customer support. You may also provide us with your information when you apply for employment either in-person or through our website.
• Information we collect when you visit our website, use our services, or view our online advertisements: We use cookies and other technologies to collect information about you when you visit our website, use our services or view online advertisements. Please refer to our Cookie Policy for additional information.
• Information we collect from other sources: We may obtain information about you from other sources, including commercially available sources, such as data aggregators and public databases.
• Store Cameras: We may use cameras in stores to keep employees and customers safe, for fraud and theft prevention and security, and for operational purposes such as to measure traffic patterns, track in-stock merchandise levels, and identify ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons.

3.) How We Use Your Information

We may use your information for the following purposes:

• Process and fulfill orders and transactions
• Process payments for purchases of products and services
• Verify customer information
• Create and manage your online account
• To process credit applications for professional, commercial and/or charge accounts, and to create and manage such accounts
• Provide customer support
• Send newsletters, offers, promotions, and information
• Customize and personalize offers and information for you
• Develop and provide advertising tailored to your interests
• Analyze the use of our products and services
• Develop new products and services
• Compile and analyze statistics for website development
• Protect against or identify possible fraudulent transactions
• Comply with legal obligations

4.) Sharing and Disclosure of Your Information

We may share or disclose your information in the following circumstances:

Service Providers. We may employ other companies and individuals to facilitate our website or services (collectively, the “Service Providers”), provide the services on our behalf, perform service-related activities or assist us in analyzing how our website or services are used. These Service Providers provide us support services, such as credit card processing, website hosting, email and postal delivery, location mapping, analytics and marketing services and/or research. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with access to our website, products or services and take actions based on your requests, as well as for the purpose of management and analysis. For example, we may share your information with our subsidiaries and affiliated companies in order to administer our loyalty programs, process orders and requests, and expand and promote our website, products, and services.

Corporate Transactions. We may disclose to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.

Consent. We may disclose your personal information for any purpose with your consent.

As Required by Law. We may disclose your information if we believe that the disclosure is required by law or court order, in response to a request by a law enforcement agency, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Kelly-Moore or our customers or partners.

Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.

5.) How We Respond to Do Not Track Signals

Our website responds to and supports the Do Not Track (“DNT”) header request field. If you turn DNT on in your browser, those preferences are communicated to us in the HTTP request header, and we will not track your browsing behavior.

6.) Cookies

Our website uses cookies. For more information about cookies, please refer to our Cookie Statement on our Cookie Policy (US) webpage.

7.) Security

We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorized access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.

8.) Third party websites

This privacy statement does not apply to third party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites.

9.) Amendments to this Privacy Policy and Statement

We reserve the right to make amendments to this Privacy Policy and Statement. It is recommended that you consult this privacy statement regularly in order to be aware of any changes. In addition, we will actively inform you wherever possible.

10.) Accessing and modifying your data

If you have any questions or want to know which personal data we have about you, please contact us. Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person. We shall provide the requested information only upon receipt of a verifiable consumer request. You can contact us by using the information below. You have the following rights:

10.1 Right to know what personal information is being collected about you

1. A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following:
   1. The categories of personal information it has collected about that consumer.
   2. The categories of sources from which the personal information is collected.
   3. The business or commercial purpose for collecting or selling personal information.
   4. The categories of third parties with whom the business shares personal information.
   5. The specific pieces of personal information it has collected about that consumer.

10.2 The right to know whether personal information is sold or disclosed and to whom

1. A consumer shall have the right to request that a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:
   1. The categories of personal information that the business collected about the consumer.
   2. The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
   3. The categories of personal information that the business disclosed about the consumer for a business purpose.

10.3 The Right to equal service and price, even if you exercise your privacy rights

We will not discriminate against a consumer because the consumer exercised any of the consumer’s privacy rights as described in this Privacy Policy and Statement or under applicable laws or regulations.

10.4 The right to delete any personal information

1. A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.
2. A business that receives a verifiable request from a consumer to delete the consumer’s personal information pursuant to subdivision (a) of this section shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records.
3. A business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:
   1. Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
   2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
   3. Debug to identify and repair errors that impair existing intended functionality.
   4. (Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
   5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
   6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
   7. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
   8. Comply with a legal obligation.
   9. Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

11.) Selling and disclosure of personal data to third parties

We do not sell consumers’ personal data. We may have disclosed for a business purpose the following categories of personal information in the preceding 12 months:

• A first and last name
• Account name or alias
• A home or other physical address, including street name and name of a city or town
• An email address
• A telephone number
• IP address
• Professional or employment-related information
• Employment history
• Financial information such as bank account number of credit card number
• Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement
• Geolocation data

12.) California Consumer Privacy Act

This Section 12 applies only to California residents. Certain terms used in this section have the meanings given to them in the California Consumer Privacy Act of 2018 (“CCPA”), California Civil Code sections 1798.100-1798.199. Pursuant to the CCPA, below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share your Personal Information.

Categories of Personal Information Kelly-Moore may have collected from or about its customers in the preceding 12 months:

• Identifiers (e.g. name, mailing address, email address, phone number, account name and number, IP address)
• Characteristics of protected classifications (e.g. gender, age)
• Commercial information (e.g. products or services purchased, purchase history)
• Internet or other electronic network activity (e.g. browse or search history)
• Geolocation data (to the extent you have configured your device to permit us to collect such information)
• Audio, electronic, visual, or similar information (e.g. recording of guest service calls)
• Biometric information (behavior, characteristics, or activity patterns used to extract a template or other identifier or identifying information)
• Inferences drawn from any of the above (e.g. preferences or characteristics)
• Professional or employment-related information (employees and job applicants)
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) (employees and job applicants)

Categories of Sources from which Kelly-Moore may collect Personal Information about Guests:

Kelly-Moore Paints stores
Kellymoore.com
Kellymooreshop.com
Order.kellymoore.com
Kelly-Moore Paints App (mobile application)
Guest Relations
3rd Party Websites
Data Brokers

Business or Commercial purposes for which Kelly-Moore may have collected or sold about California residents in the preceding 12 months:

We may collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

Categories of Third Parties with whom Kelly-Moore may have shared Personal Information about California residents in the preceding 12 months:

The categories of third-parties with whom we may share your Personal Information are listed in Section 4, above.

Non-Discrimination and Financial Incentive Notice

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. We may charge a different price or rate, or offer a different level or quality of goods or services, if doing so is reasonably related to the value of the Personal Information that is necessary to operate the applicable program. We may offer you financial incentives from time to time, such as sales, discounts, or coupons or other price reductions for our products and services in exchange for your enrolling in email updates, newsletter delivery, online forms, contests, or similar services. Such offers may result in reasonably different prices, rates, or quality levels. In order provide these services, we may utilize the identifiers you have provided to us and may use the details from your commercial relationship with us.

The material aspects of any financial incentive will be explained and described in its program terms. The value of each of incentive such as sales, discounts or coupons is reflected in the documents or communications relating to that incentive. Participating in incentive programs is entirely optional, and you may opt out of the program at any time.  If you opt out, we will not reduce the value of any financial incentives you previously received from us. We may add or change incentive programs or their terms by posting a notice on the program descriptions and terms, so we encourage you to check them regularly.

We do not assign a monetary value to the Personal Information that we collect in order to offer financial incentives. Any financial incentive we offer will reasonably relate to the value of your Personal Information and contain written terms that describe the program’s material aspects. To the extent that we are required to assign a monetary value to your personal information, it is equal to the value of the discount or financial incentive that we provide to you.

You have the following rights under the CCPA.

The right to make requests as follows:

Access Request (can make a request no more than twice in a 12-month period) – Request that Kelly-Moore disclose the following information:

– Categories of Personal Information that we collected about you during the preceding 12 months

– Categories of sources from which Personal Information is collected

– Business or commercial purpose for collecting or selling Personal Information

– Specific pieces of Personal Information we collected about you

– Categories of Personal Information Kelly-Moore has sold about you

– Categories of third parties to whom the Personal Information was sold

– Categories of Personal Information disclosed about you for a business purpose

– Categories of third parties to whom Personal Information was disclosed for a business purpose

Deletion Request

– Request that Kelly-Moore delete Personal Information that we collected from you

Do Not Sell My Info

Kelly-Moore does not sell the Personal Information of California Consumers as defined under the CCPA.

How to Submit Requests

If you are a California resident, you may make a request for the disclosures described above or make a request to delete Personal Information we collected from you, by contacting Kelly-Moore using any of the following methods:

1. Complete this form: https://kellymoore.com/ccpa/
2. Phone number: (888) 562-5573
3. Address:
   Kelly-Moore Paints
   Attn: CCPA Processor
   1390 El Camino Real, 3rd Floor
   San Carlos, CA 94070

Verification Process

Kelly-Moore is required to verify that you are the Consumer about whom Kelly-Moore has collected information. Once we receive a request to know or to delete, we must verify your identity before we can respond.

If you maintain a password-protected account with us, through our Sites or Mobile App, you must login to your account in order to submit a request.  If you are requesting to access specific Personal Information we collected or to have us delete your Personal Information, you will be required to re-enter your login credentials for authentication purposes.

If you do not maintain an account with us, you may be required to provide some or all of the following information for verification purposes:

• Your first and last name;
• Your address;
• Your email address;
• Your telephone number; and
• The name of your business, if applicable.

If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you will be required to provide a signed declaration affirming your identity (and your consent for your authorized agent to make this Request on your behalf, if applicable). The declaration can be accessed at the following webpage:

https://kellymoore.com/wp-content/uploads/customer-resources/declaration-of-consumer.pdf.

13.) Children

Our website is not directed towards children under the age of 16, and it is not our intention to collect Personal Information from children under the age of 16. We request that children under the age of 16 do not submit any Personal Information to us. In the event that  child under 16 provides our website, online service, or mobile application with Personal Information, we ask that a parent or guardian contact us as described above, so that we may promptly delete the child’s information from our records.

14.) Contact details

Kelly-Moore Paints
1390 El Camino Real, 3rd Floor, San Carlos, CA 94070
United States
Website: https://kellymoore.com
Complete this form: https://kellymoore.com/ccpa/
Phone number: (888) 562-5573