Privacy Policy

I.  INFORMATION WE COLLECT ABOUT YOU

We may collect the following types of personal data about you which are described in more detail below: (A) information you provide to us, (B) information we may automatically collect, and (C) information we may receive from third parties.  The information listed in (A)- (C) above, are detailed below, and hereinafter referred to as “Information.”

A.    Information You Provide to Us

In using our Services, you may provide us with Information, including, without limitation:

• Contact information such as name, email address, postal address, and telephone number(s);
• Employer;
• Communication and product preferences;
• Additional Information as otherwise described to you at the point of collection or pursuant to your consent.

B.    Information We May Automatically Collect About You

Our Services may automatically collect certain Information about you.  We use this Information to help us design our Services to better suit our users’ needs.  This Information may include:

• IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider);
• Date and time of your visit or use of our Services;
• Domain server from which you are using our Services;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our website or use of our Services; and
• Your movement and activity within the website, which is aggregated with other information;
• Geographic data such as country or region;
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”); and
• Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from.

1.     Cookies & Technologies Used to Collect Information About You

We collect the above Information directly and through the use of third parties.  We collect this Information by using certain technologies, such as cookies, web beacons, and other technologies.  Third-party service providers, advertisers, and/or partners may also view, edit, or set their own cookies or place web beacons.  Please see our Cookie Notice for additional information about our use of cookies and related trackers.

1. Cookies (or browser cookies). Cookies are small digital files that are transferred to your computer or smartphone’s hard drive when you visit a website or click on a URL.  Most web browsers automatically accept cookies.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting, you may be unable to access certain parts of our Services.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.
2. Web Beacons. Website pages 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 and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).  We also use these technical methods to analyze the traffic patterns, such as the frequency with which our users visit various parts of the Services.  These technical methods may involve the transmission of Information either directly to us or to a third party authorized by us to collect Information on our behalf.  Our Services may use retargeting pixels from Google, Facebook, and other ad networks.  We may also use web beacons in HTML emails that we send to determine whether the recipients have opened those emails and/or clicked on links in those emails.
3. Analytics. Analytics are tools we use, such as Google Analytics, to help provide us with information about traffic to our website and use of our Services, which Google may share with other services and websites who use the collected data to contextualize and personalize the ads of its own advertising network.  Learn more about Google’s Privacy Policy here: https://policies.google.com/privacy?hl=en-US.  You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.
4. Mobile Application Technologies. If you access our website and Services through a mobile device, we may automatically collect Information about your device, your phone number, and your physical location.

C.    Information We May Receive from Third Parties

We may collect additional Information about you from third-party websites, social media platforms, such as but not limited to, Facebook, Instagram, LinkedIn, Twitter, or YouTube (“Social Media Platforms”), and/or sources providing publicly available information (e.g., from the Canada postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

This Privacy Policy only applies to Information collected by our Services.  We are not responsible for the privacy and security practices of those other websites or Social Media Platforms or the Information they may collect (which may include IP address).  You should contact such third parties directly to determine their respective privacy policies.  Links to any other websites or content do not constitute or imply an endorsement or recommendation by us of the linked website, Social Media Platform, and/or content.

II.  HOW WE USE YOUR INFORMATION

A. Use and Purpose of Processing Your Information

We use and process your Information for things that may include, but are not limited to, the following:

• To respond to your inquiries and provide you with requested information and other communications, including by email;
• To process your product sample or rebate request;
• To send you our newsletter and other correspondence you request;
• To help you locate retailer, distributor, and wholesaler locations near you;
• For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
• To fulfill contracts we have with you;
• To manage, improve, and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
• To maintain, improve, customize, or administer the Services, perform business analyses, or other internal purposes to improve the quality of our business, the Services, resolve technical problems, or improve security or develop other products and services;
• To comply with our Terms & Conditions;
• For analytics for business purposes and business intelligence;
• To comply with any applicable laws and regulations and respond to lawful requests; and/or
• For any other purposes disclosed to you at the time we collect your Information and/or pursuant to your consent.

B. Sharing Your Information

We may disclose anonymized aggregated information about our users, that does not identify any individual, without any restriction.

We may share your Information as set forth in the Privacy Policy and in the following circumstances:

• Third-Party Service Providers.  We may share your Information with third-party service providers or data processors that perform certain functions or services on our behalf (such as to host the Services, store or manage the data, perform analyses, process payments, provide customer service, or send communications for us). These third-party service providers will process this data only for purposes specified by us.  In some instances, we may aggregate Information we collect so third parties do not have access to your identifiable Information to identify you individually.
• Disclosure of Information for Legal and Administrative Reasons.  We may disclose your Information without notice: (i) when required to by law or to comply with a court order, subpoena, search warrant, or other legal process; (ii) to cooperate or undertake an internal or external investigation or audit; (iii) to comply with legal, regulatory, or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property, or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, and the website Service users; (v) to enforce or apply our Terms & Conditions; and (vi) to verify the identity of the user of our Services.
• Business Transfers. Your Information may be transferred, sold, or otherwise conveyed (“Conveyances”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are adjudicated bankrupt; or (iv) are liquidated or otherwise reorganize.  You agree to any and all such Conveyances of your Information.
• Information Shared with our Subsidiaries, Parents, and Affiliates. We may share your Information within our Rich Products portfolio of companies, including our subsidiaries and affiliates.  If you do not want us to share your Information with our subsidiaries and affiliates, please contact at privacy@rich.com or call 1-877-352-0077.
• Aggregate and Deidentified Data. We may share general Information, aggregated data or publish information based on aggregated data.  However, we will only do so in a way that your personal identity is protected.
• Online Communications. Any Information you submit in a public forum (e.g., a blog or social network) may be read, collected, or used by us and other participants, and could be used to personalize your experience.  You are responsible for the Information you choose to submit in these instances.
• With Your Consent. We may share Information consistent with this Privacy Policy with your consent.

Except as provided in this Privacy Policy, we will not sell, exchange, trade, or disclose your Information we have collected without your consent.

III.  LINKS TO OTHER WEBSITES

Occasionally, at our discretion, we may link to third-party sites or content on our Services (“Third-Party Websites”).  We may do this for the convenience of you and other users of the Services, but we do not have control over the operation of these third-party websites.  These third-party sites have separate and independent privacy notices.  We, therefore, have no responsibility or liability for the content and activities of these linked sites.

In addition, from our Services you may be able to interact with social media sites (“Social Media Platforms”), for example, by “liking” or “following” us on a social media platform.  If you choose to click on a link to one of these Third-Party Websites or choose to interact with or through a Social Media Platform, your activities are not governed by this Privacy Policy and will be governed by the privacy policy on that Third-Party Website or Social Media Platform.  Please review their privacy policies and terms of service before disclosing any Information there.  We do not review, do not endorse, and are not responsible for the privacy practices of these Third-Party Websites and Social Media Platforms.

We may also maintain pages on Social Media Platforms.  Those pages and your interaction with them are governed by the privacy policies of the relevant Social Media Platform, and not our Privacy Policy.  As with other Third-Party Websites, we do not endorse and are not responsible for the privacy practices of these forums, although we may have a presence on them.

IV.  INFORMATION SECURITY

We use commercially reasonable measures to provide our Services.  However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure.  Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private or secure.  We do not guarantee that your Information will not be misused by third parties.  We are not responsible for the circumvention of any privacy settings or security features.  You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your Information.

If you believe that your Information has been accessed or acquired by an unauthorized person, you shall promptly contact us via the How to Contact Us section so that we can quickly take necessary measures.

V. DATA RETENTION

We will retain your Information for as long as needed to provide you Services.  If you wish to request that we no longer use your Information to provide you Services, please contact us at privacy@rich.com.  We will retain and use your Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted to us.  We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.

VI.  YOUR CHOICES

A. Email. By using our Services, you agree that we may contact you by email as set forth herein.  If you do not want to receive marketing and promotional emails from us, you may click on the “unsubscribe” link in the email to unsubscribe and opt-out of marketing email communications by contacting us via the How to Contact Us section.

B. Location Choices. You can change the privacy settings of your device at any time to turn off the sharing of location information with our Services.  If you choose to turn off location services, this could affect certain features or services of our Services.  If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.

C. Cookies. If you want to delete any cookies that are already on your computer, please refer to your file management software to locate the file or directory that stores cookies. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting cookies or disabling future cookies, you may not be able to access certain areas or features of our Services.

D. Opting Out of Direct Marketing. To exercise choices regarding the marketing information you receive, you may also review the following links:

• You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
• You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
• You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptout for your web browser.

E. Withdrawing Your Consent.  Except as required to process a transaction, to maintain our business records, or as required or permitted by applicable law, you may withdraw or modify your consent, subject to legal and contractual restrictions, provided that reasonable notice is given to us.  If you withdraw your consent to receive information regarding certain products, publications, services, or events being offered by us, you may not be made aware of same.  Refusal or withdrawal of consent from use of Information may result in our being unable to provide you with our

VII.  NOTICE TO CALIFORNIA RESIDENTS

To the extent any California data privacy law applies to the collection of your Information, this supplemental section of our Privacy Policy outlines how California residents can receive their personal Information and what you can receive and applies solely to California residents.  We provide the supplemental selection below to comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any terms defined in the CCPA have the same meaning when used below.

A. Right to Know and Access to Specific Information

California residents have the right to request that we disclose certain information to you about our collection and use of your Information over the past twelve (12) months.  Once we receive and confirm a verifiable consumer request from you, we will disclose to you, to the extent permitted by law:

• The categories of Information we collected about you.
• The categories of sources for your Information we collected about you.
• Our business or commercial purpose for collecting your Information.
• The categories of third parties with whom we share your Information.
• If we disclosed your Information for a business purpose, the Information categories that each category of recipient obtained.

You shall have the right to request that the Information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”). We do not sell your Information.

B. Deletion Request Rights

You have the right to request that we delete certain of your personal Information that we collected from you, subject to certain exceptions.

To the extent that we can delete your Information, once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Information, unless an exception applies.

We may deny your deletion request if retaining the Information is necessary for us or our service providers to:

• Complete the transaction for which we collected your Information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• 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 Information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

C. Exercising Your Right to Know and Right to Deletion

To exercise the rights described above, please submit a verifiable consumer request to us by either:

Emailing us at privacy@rich.com; or
Calling us at 1-877-352-0077

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Information.  You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.  The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

D. Authorized Agent

You may use an authorized agent to submit verifiable consumer requests on your behalf.  As authorized agent is a natural person or a business entity that you have authorized to act on your behalf.  If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you, or (2) proof of power of attorney pursuant to California Probate Code sections 4000 to 4665.  We may deny a request from an authorized agent that does not submit proper verification proof.

E.  Notice of Financial Incentive

As an incentive for providing us with your Information, you may receive a financial benefit in the form of an email coupon, discount, rebate, free sample, promotions, or other similar reward that will be sent to you.  This discount may constitute a financial incentive under the California Consumer Privacy Act (“Financial Incentive”).  The categories of personal Information required for us to provide the Financial Incentives include personal identifiers such as full name and contact information including email address as well as personal and demographic information you choose to provide.

To offer these discounts, we may track your personal Information, such as purchase history and other demographic data.  You have the right to withdraw from the Financial Incentive at any time by submitting a request to.  Please note that if you request deletion of part or all your personal Information, that could affect your ability to qualify for the discount.

F.    Non-Discrimination

We may not, and will not, treat you differently because of your Data Subject Request activity.  As a result of your Data Subject Request activity, we may not and will not deny goods or services to you, charge different rates for goods or services, provide a different level quality of goods or services, or suggest any of the preceding will occur.  However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your Information.

G.    Verifying Requests

To help protect your privacy and maintain security, if you request access to or deletion of your Information, we will take steps and may require you to provide certain information to verify your identity before granting you access to your Information or complying with your request.  In addition, if you ask us to provide you with specific pieces of Information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose Information is the subject of the request.  If you designate an authorized agent to make a request on your behalf, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described above).

H.   Shine the Light Requests

California Civil Code Section 1798.83 permits you to opt out of the disclosure of your Information by us to third parties for the third parties’ direct marketing purposes.  To make an opt-out request of such disclosures, please send an email to privacy@rich.com.

I.   Additional Information

To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.  This statement is available in alternative formats upon request by contacting prviacy@rich.com or calling us at 1-877-352-0077.

VIII. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND THE UK

This section applies only to individuals coming to our Services from within the European Union (EU), the European Economic Area (EEA), and the UK, and only if we collect through the Services any Information from you that is considered “Personal Data,” as defined in the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.

Personal Data includes any information relating to an identified or identifiable natural person, who could be identified either directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person (which may include some or all your Information as defined in this Privacy Policy).

A. Identity and Contact Details of Controller and EU Representative

Unless otherwise stated, we are the Data Controller for the Information we process.

Contact Details:

Email:             privacy@rich.com
Call us:            1-877-352-0077
Write us:       ­Rich Products Corporation
­                          One Robert Rich Way
­                          Buffalo, New York 14213

B.    Your Data Protection Rights

To the extent the GDPR and Data Protection Act 2018 apply, and we hold your Information in our capacity as a Data Controller as defined under those laws, you may request that we:

• Restrict the way that we process and share your Information;
• Transfer your Information to a third party;
• Provide you with access to your Information;
• Remove your Information if no longer necessary for the purposes collected;
• Update your Information so it is correct and not out of date; and/or
• Object to our processing of your Information.

You may also revoke your consent for processing of your Information.  If you wish to object to the use and processing of your Information or withdraw consent to this Privacy Policy, you can contact us in the following ways:

Email:             privacy@rich.com
Call us:            1-877-352-0077
Write us:       ­Rich Products Corporation
­                          One Robert Rich Way
­                          Buffalo, New York 14213

The requests above will be considered and responded to in the time-period stated by applicable law.  Note, certain Information may be exempt from such requests.  We may require additional Information from you to confirm your identity in responding to such requests.

You have the right to lodge a complaint with the supervisory authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.  Please contact us at:

Email:             privacy@rich.com
Call us:            1-877-352-0077
Write us:       ­Rich Products Corporation
­                          One Robert Rich Way
­                          Buffalo, New York 14213

C. Lawful Basis for Processing Your Information

The lawful basis for our processing of your Personal Data will depend on the purposes of the processing.  For most Personal Data processing activities covered by this Privacy Policy, the lawful basis is that the processing is necessary for our legitimate business interests.  Where we process Personal Data in relation to a contract, or a potential contract, with you, the lawful basis is that the processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract.  If we are required to share Personal Data with law enforcement agencies or other governmental bodies, we do so on the basis that we are under a legal obligation to do so.  We will also use consent as the legal basis where we deem appropriate or to the extent required by applicable law, for example, before we collect precise location data from your mobile device.

Depending on what Personal Data we collect from you and how we collect it, we may also rely on various grounds for processing your Personal Data, including the following reasons:

• Processing on the basis of legitimate business interests. When we process Personal Data on the basis that the processing is necessary for our legitimate business interests, such interests include: (i)  providing, improving, and promoting our Services, Apps, and products and services; (ii) communicating with current and potential customers, other Business Partners, and their individual points of contact; (iii) managing our relationships with our customers and other Business Partners, and their individual points of contact; (iv) other business development purposes; (v) sharing information within the Company, as well as with service providers and other third parties; and (vi) maintaining the safety and security of our products, services and employees, including fraud protection.
• Processing on the basis of performance of a contract.  Examples of situations in which we process Personal Data as necessary for performance of a contract include e-commerce transactions in which you purchase a service from us.
• Processing on the basis of consent. Examples of processing activities for which we may use consent as its legal basis include: (i) collecting and processing precise location information from your mobile device; (ii) sending promotional emails when consent is required under applicable law; and (iii) processing Personal Data on Company Services through cookies and similar technologies when consent is required by applicable law.
• Processing because we are under a legal obligation to do so.  Examples of situations in which we must processes Personal Data to comply with our legal obligations include: (i) providing your Personal Data to law enforcement agencies and other governmental bodies when required by applicable laws; (ii) retaining business records required to be retained by applicable laws; and (iii) complying with court orders or other legal process.

If the processing of your Information is based on your consent, the GDPR and Data Protection Act 2018 also allow users the right to access, revoke or modify your consent at any time.  Please see the How to Contact Us section, below, to review or modify your consents.

D.    Consent to Transfer

We are operated in the United States, and we may use service providers based in the United States to operate our business and our relationship with you.  Please be aware that Information, including your Personal Data, that we collect will be transferred to, stored, and processed in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.   We maintain measures to address the transfer of your Personal Data between our group companies and between us and our third-party providers in accordance with applicable data protection laws and regulations.

E. Retention

We will retain your Information for as long as needed for the purposes described in this Privacy Policy.  More specifically, the time we maintain your Information depends on the following factors:

• Whether we need the Information to provide the Services. We will maintain any data needed to provide you with the Services, such as contact information and payment or transaction information, for as long as needed for us to provide you with the Services, respond to your questions and requests, and/or administer your account (if applicable).
• Whether we need the Information to comply with our legal obligations. We may have legal obligations to maintain your Information where a legal or regulatory body may ask for it in the future, for example in response to a data subject request or complaint.  This information may include contact information and location information.
• Whether we need the Information for a legitimate business interest: We may store Information like contact information, cookies, and location information in order to perform analytics, troubleshoot errors, or improve our Services.  In any event, we delete the Information when it is no longer needed for our legitimate interest.

Regardless of our reason for retaining your information, we delete all Information in accordance with our routine record keeping policies.

IX.  GEOGRAPHIC LOCATION OF DATA STORAGE AND PROCESSING

Our Services collect Information and processes and stores that Information in databases located in Canada.  As such, we may store and process Information on servers located outside of the country where you originally deposited the data.  If you are visiting the Services from a country outside Canada, you should be aware that you may transfer personally identifiable information about yourself to the Canada, and that the data protection laws of Canadas may not be as comprehensive as those in your own country.  By visiting our Services and submitting Information, you consent to the transfer of such Information to the Canada.

X.  ACCESSING, CORRECTING, OR DELETING YOUR INFORMATION

To the extent other data privacy laws provide users with additional data subject rights, those rights may be honored by the Company following proper authentication and verification.  Please see the How to Contact Us section below for more information.

XI.CHILDREN’S INFORMATION

The Services are intended only for users over the age of eighteen (18).  If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information.  Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).

XII. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings, accommodate new technologies, regulatory requirements, or other purposes.  If we modify our Privacy Policy, we will update the “Last Updated” date below and such changes will be effective upon posting.  It is your obligation to check our current Privacy Policy for any changes.

XIII.  HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Information we have collected about you, please contact us at the following:

Email:             privacy@rich.com
Call us:            1-877-352-0077
Write us:       ­Rich Products Corporation
­                          One Robert Rich Way
­                          Buffalo, New York 14213

Last Updated: September 15, 2022