Fiskars Brands, Inc. and Fiskars Living US, LLC State Privacy Notice at Collection and Privacy Rights

 

Effective Date: January 1, 2023

Certain states, including California and Virginia require additional information regarding our privacy practices and your privacy rights. Depending on whether you are a resident of those states (“Consumer”), we provide you additional notices about our privacy practices and consumer privacy rights relating to your personal information or personal data, as defined under those laws (“Personal Information”).

Fiskars Group and its affiliates and subsidiaries, including Fiskars Brands, Inc. and Fiskars Living US, LLC, (“Fiskars,” “we,” “us,” or “our”) provide this State Specific Privacy Notice (the “State Privacy Notice”) to supplement the information contained in the Fiskars Group Consumer Privacy Policy, found here. Fiskars includes all Brands we offer.  Where we specifically identify certain states, these additional disclosures apply to residents in those states.

California and Other States Notice of Information Collected and/or Disclosed

The California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) and privacy laws in Virginia, affords consumers residing in those states certain rights with respect to their Personal Information. If you are a California resident, including a business contact of one of our vendors or other type of business which transacts with Fiskars (collectively, “CA Business Contact”), or a Virginia resident, this section applies to you.

Collection And Use of Personal Information

Fiskars offers a wide variety of products through our iconic brands (each a “Brand”). We may collect Personal Information from you in a variety of different situations, including, but not limited to our websites, your mobile device, through email, in physical locations, through the mail, over the telephone, and/or in any other situation where we interact with you, including through our Brands. More specifically, Fiskars collects the following categories of Personal Information from its Consumers, which will depend on the particular Business Purpose for which we collect it:

 

Categories of Personal Information

Examples of Personal Information Collected

Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

CA Business Contact: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, phone number, email address, account name.

Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or in the applicable state laws.

A name, signature, physical characteristics or description, address, telephone number, employment, employment history, bank, date of birth, financial account information, credit card number, debit card number, medical information.

CA Business Contact: Name, signature, business address, telephone number.

Protected classification characteristics under California, Virginia, or federal law.

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex, sexual orientation, veteran or military status, genetic information (including familial genetic information).

CA Business Contact: None.

Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

CA Business Contact: None.

Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

CA Business Contact: None.

Geolocation data.

Physical location or movements.

CA Business Contact: None.

Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, or behavior.

CA Business Contact: None.

Sensitive Personal Information

Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation.

CA Business Contact: None.

 

 

Personal Information does not include deidentified information or aggregate consumer information.

Fiskars obtains the categories of Personal Information listed above from the following categories of sources:

  1. Directly from you. For example, from forms you complete or products and services you purchase, or when you communicate with us about our ongoing business relationship.
  2. Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, among other things.

 

How We Use Personal Information

We may use or disclose the Personal Information we collect from you or about you for the following business purposes:

  1. To fulfill or meet the purpose for which you provided the information. For example, if you disclose your name and contact information to ask us a question or inquire about our products or services, we will use that Personal Information to respond to your inquiry. When you sign up to receive information about products, services, or other benefits from us, we may use your information to facilitate communication about that product or service. If we seek to or do engage you as a vendor or other type of business relationship, we use your Personal Information to communicate about our potential, current, or former business relationship.
  2. To contact you and to inform you about products, services, promotions, special offers, and/or events that may interest you.
  3. To provide you information about our products and services.
  4. To provide, support, personalize, and develop our websites, products, and services.
  5. To create, maintain, customize, and secure your account with us.
  6. To process your requests, purchases, transactions and payments, and prevent transactional fraud.
  7. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  8. To personalize your website experiences and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our websites, third-party sites, and via email or text message (with your consent, where required by law).
  9. To help maintain the safety, security, and integrity of our websites, products and services, databases and other technology assets, and business.
  10. For research, analysis, and business development, including to develop and improve our websites, products, and services.
  11. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  12. As described to you when collecting your Personal Information or as otherwise set forth in the CCPA or other applicable laws or subsequently agreed to by you.
  13. 13.To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fiskars' assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Fiskars about our Consumers is among the assets transferred.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Fiskars has disclosed the following categories of Personal Information for a business purpose to the following categories of recipients:

Category of Personal Information

Categories of Recipients

Identifiers.

Service providers, web hosting and internet service providers, information technology, customer service, cloud service, data analytics, marketing and advertising, our affiliates, third parties to whom you have authorize us to disclose your Personal Information in connection with a product, service or offering.

Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or applicable state laws.

Service providers, information technology, customer service, data analytics, marketing and advertising, our affiliates, third parties to whom you have authorize us to disclose your Personal Information in connection with a product, service or offering.

Internet or other similar network activity.

Service providers, web hosting and internet service providers, information technology, cloud service, data analytics, marketing and advertising, our affiliates, third parties to whom you have authorize us to disclose your Personal Information in connection with a product, service or offering.

Sensitive Personal Information.

Service providers, web hosting and internet service providers, information technology, customer service, cloud service, data analytics, marketing and advertising, our affiliates, third parties to whom you have authorize us to disclose your Personal Information in connection with a product, service or offering.

 

Sales of Personal Information

California law provides for certain disclosures about Personal Information we “sell,” which means certain scenarios in which Fiskars has disclosed Personal Information with third parties or affiliates, in exchange for valuable consideration. In the preceding twelve (12) months, Fiskars has not sold Personal Information.

Notice of Financial Incentive

California’s privacy law requires that we notify you if we provide you a program, benefit, or other offering, related to the collection, deletion, or sale of Personal Information, which it defines as a “financial incentive.” We offer discounts, coupons, or other and other product incentives to prospective and current Fiskars Brand consumers, including our Royal Copenhagen Collector’s Club. Sometimes, consumers sign up or provide us their Personal Information (e.g., email address, names phone numbers) in order to receive our discounts, coupons, warranties, or other product incentives. As such, under the CCPA, our discounts, coupons and product incentives may be considered financial incentives provided in exchange for the collection and retention of Personal Information.

We offer these discounts, coupons and other product incentives to enhance our relationship with you or so you can enjoy or try our products at a lower price. There is no obligation to opt-in and consumers may opt-out at any time. The details of each program are contained in each such program offering.

The consumer data received in exchange for your participation is dependent on a number of factors, including, for example, whether and to what extent you take advantage of any offerings and whether and to what extent you opt out of any offerings but is roughly equivalent to the value of the coupon or product offered.

Retention of Personal Information

We will not retain your Personal Information for longer than is reasonably necessary to carry out the purposes we disclose in this policy.

Information Relevant to California and Other States

Targeted Advertising and California Sharing of Personal Information

The CPRA requires that we notify you if we “Share” your Personal Information with third parties.  For purposes of the CPRA, “Sharing” means that we make available or otherwise disclose your information to third parties for cross-context behavioral advertising, such as targeting of advertising to you based on your Personal Information obtained from your activity across businesses, websites, apps, and services other than our Services.

Similarly, the VCDPA requires that we notify you if we use your information for Targeted Advertising.  Targeted Advertising means displaying advertisements to you where the advertisement is selected based on Personal Information obtained from your activities over time and across nonaffiliated websites or online applications to predict your preferences or interests

Accordingly, we “Share” and use your information for Targeted Advertising. Specifically, we disclose your identifiers and internet or other network activity with Service Providers and third parties with whom you direct us to disclose your Personal Information.  In order to opt-out of sharing and/or Targeted Advertising relating to your Personal Information, please click here to exercise that right.

Sensitive Personal Information

Privacy laws in California and Virginia specify certain rights with respect to our collection of certain information those laws designate as “Sensitive Personal Information.”  We obtain consent to collect that information in those states where consent is required.   Moreover, each state’s privacy laws may consider different pieces of information to be “Sensitive Personal Information.” When we notify residents of certain states that we collect Sensitive Personal Information, that means that we collect Sensitive Personal Information within the meaning of the law of that particular state.  We collect Sensitive Personal Information in California and Virginia.  We collect the following types of Sensitive Personal Information, to the extent included in your state’s definition: Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation.

Global Privacy Control

You can also opt out of certain sharing and sales by visiting our Services with a recognized universal choice signal enabled (such as the Global Privacy Control). Please note that, depending on which opt-out preference signal you use [and whether you are logged into your account with us], our processing of the signal may be limited to the specific browser or device that you are using]. You may need to renew your opt-out if you use a different browser or device to access our Services.

Your Consumer Rights and Choices

Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of Personal Information we collect, use, disclose, and sell, and to access your information, (2) request deletion of your Personal Information, (3) request correction of your Personal Information and (4) not be discriminated against for exercising these rights, (5) limit processing of Sensitive Personal Information.

Access to Specific Information and Data Portability Rights

You have the right to request that Fiskars disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Your Privacy Rights), we will disclose to you:

  1. The categories of Personal Information we collected about you.
  2. The categories of sources for the Personal Information we collected about you.
  3. Our business or commercial purpose for collecting that Personal Information.
  4. The categories of third parties with whom we disclose that Personal Information.
  5. The specific pieces of Personal Information we collected about you.
  6. If we disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained.

 

Deletion Request Rights

You have the right to request that Fiskars delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, but is not limited to, if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  4. Comply with a legal obligation.

 

Right to Limit Processing of Sensitive Personal Information

In California, you have the right to limit our processing of Sensitive Personal Information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.  When we collect your Sensitive Personal Information, we collect and use that information in order to perform the services or provide the goods for which that information is necessary and as reasonably expected by you.  Moreover, we do not use your Sensitive Personal Information for the purpose of inferring any characteristics about you.  We will notify you if we use your Sensitive Personal Information for purposes you might not reasonably expect so that you can request that we limit that processing.  Where your state’s privacy law requires that we obtain consent or provide an opt-out in order to collect or process Sensitive Personal Information, we do so.

Right to Correction

You have the right to correct inaccurate Personal Information maintained by us. Once we receive and confirm your verifiable consumer request (see Exercising Your Rights), we will correct (and direct our service providers to correct) your inaccurate Personal Information from our records, unless an exception applies.

Exercising Your Privacy Rights

To exercise the access, data portability, correction, and deletion rights described above, as well as to request that we limit our processing of your sensitive personal information, please submit a verifiable consumer request to us by either:

  1. Calling us at 1-888-720-3485
  2. Contacting our Customer Service

 

Only you or a person authorized to act on your behalf may make a verifiable consumer request related to your Personal Information.

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

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

 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

If we deny your request, you may appeal our decision by contacting us at info@gerbergear.com. Please clearly denote that it is an appeal.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Changes to Our State-Specific Privacy Notice

We may change this privacy notice from time to time. If we make changes to this privacy notice, we will notify you by revising the Effective Date at the top of this policy and in, in some cases, we may provide you with additional notice, such as adding a statement of notice on the websites or sending you a notification.  We encourage you to review this policy regularly to stay informed about our information practices and the choices available to you.

Contact Information

If you have any questions or comments about this notice, the ways in which Fiskars collects and uses your information described above (and in the Fiskars Group Consumer Privacy Policy, found here), your choices and rights regarding such use, or how to exercise your rights under state law, please do not hesitate to contact us at:

Phone: 1-877-720-3485

Email: info@gerbergear.com

Postal Address:
ATTN: Legal and Compliance Department

Fiskars Brands, Inc.

7800 Discovery Drive, Middleton, WI 53562

For Gerber customers:

•           Contacting our Customer Service:  https://www.gerbergear.com/en-us/support/contact

For Fiskars customers:

•           Calling us at 1-866-348-5661.

•           Contacting our Customer Service:  https://www.fiskars.com/en-us/customer-service/contact-us

For Wedgwood, Waterford, Iittala, Royal Copenhagen

•           Calling us at 1-877-720-3485.

•           Contacting our Customer Service:  https://www.wedgwood.com/en-us/contact-us

•           By Mail at:  Fiskars Living US, LLC., 1330 Campus Parkway, Wall, NJ, 07753