Privacy Policy

Your privacy and the information you share is important to us. We want to ensure you understand how we use and protect information collected about or provided by visitors to our website.

Gerber’s Privacy Policy

Last Updated: November 15, 2020

At Gerber, we recognize the importance of your right to privacy and value your confidence in us. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit gerber-us.com and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy applies to the following services operated by Gerber Plumbing Fixtures, LLC and its affiliates (“Gerber”, “we”, “us”, or “our”): · gerber-us.com and other websites owned and/or operated by Gerber that contain a link to this Privacy Policy (collectively, the “Website”);

· All services made available by Gerber through the Website;

· The Gerber Rewards loyalty program for industry professionals; and

· All e-mail, text, and other electronic messages between you and this Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. 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 believe we might have

any information from or about a child under 13, please contact us at policy@gerberonline.com.

What personal information does Gerber collect from visitors to our Website?

Personal Information is information that can be used to identify you (alone or in combination with other information), including your first and last name, email address, zip code/post code, phone number, user name and password, photographs (that include an individual and any other personally identifiable information)) you choose to provide.

In general, you can visit our Website without providing us with any Personal Information, such as your name, e-mail address, postal address, phone number, or other information. Your submission of Personal Information is entirely voluntary; however, some of the services and/or features available on and/or through the Website may not be available for your use if you elect not to provide certain Personal Information.

We may collect Personal Information you enter into our Website to request additional information about our products or services, to speak to a customer service representative, participate in a contest, event or sweepstakes promotion, fill out a survey, or for other legitimate business purposes, as further described below. In particular, we have collected the following categories of personal information from users within the last twelve (12) months:

Category Examples Purpose Collected

Identifiers. A real name, Internet Protocol address, email address, or other similar identifiers. To provide requested goods or services, for marketing or other internal business purposes, or to contact you in response to your request or questions, or for other legitimate business purposes in accordance with applicable law. Gerber may also use this information to detect security Yes

Category Examples Purpose Collected incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

Personal

Information

categories

listed in the

California

Customer

Records

statute (Cal.

Civ. Code §

1798.80(e)).

Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual. (See Cal. Civ. Code § 1798.80(e) for specific examples) Some personal information included in this category may overlap with other categories. To provide requested goods or services, for marketing or other internal purposes, or to contact you in response to your request or questions, or for other legitimate business purposes in accordance with applicable law. Gerber may also use this information to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. Yes

Protected

classification

characteristics

under

California or

federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Gerber does not collect this category of information. No

Commercial

information. Records of personal property, products or services purchased, obtained, or considered, or other Gerber only collects and uses commercial information to provide goods and services to Yes

Category Examples Purpose Collected purchasing or consuming histories or tendencies. you or for marketing purposes.

Biometric

information. Genetic, physiological, behavioral, and biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Gerber does not collect this category of information. No

Internet or

other similar

network

activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Gerber collects and uses this information to personalize or customize your experience and our products, develop new features or services, and to improve the overall quality of our product and Website offerings. Gerber may also use this information to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. Yes

Geolocation

data. Physical location or movements. Gerber collects this information to personalize and customize your experience and to provide recommendations for products and locations. Yes

Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. Gerber does not collect this category of information. No

Category Examples Purpose Collected

Professional

or

employment-

related

information. Applicant information or current or past job history or performance evaluations. Gerber collects this information to evaluate potential job applicants and respond to such requests. Yes

Non-public

education

information

(per the

Family

Educational

Rights and

Privacy Act

(20 U.S.C.

Section

1232g, 34

C.F.R. Part

99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Gerber does not collect this category of information. No

Inferences

drawn from

other

Personal

Information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Gerber does not collect this category of information. No

Not included in the definition of Personal Information is information that is publicly available, information that has been de-identified or aggregated, or information exempt from the purview of the CCPA, such as:

§ Protected Health Information (“PHI”) governed and protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data; and

§ Personal Information regulated by certain industry-specific privacy laws, such as the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Information We Collect Automatically

Every time you visit our Website, we automatically collect certain data and information from you and/or your computer. Examples of this type of information include the Web page from which you came, the pages you visit and access, your IP address, and type of device, operating system and browser you are using.

When you access, visit and/or use our Website, we may track your visit and, as described below in the section concerning “cookies”, collect certain data regarding your use of the Website and your activity on the Website, but we will not collect any Personal Information from you unless you choose to provide it to us.

We may use cookies and web beacons to gather information about how our Website is used and allow our Website to automatically recognize you when you come back to our Website and customize content for you. A cookie is a small removable data file stored by your Web browser on your computer. Cookies do not contain any Personal Information and they do not give us access to your computer. 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 Website. 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 Website.

Pages of our Website and 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 Gerber, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We use third party analytics tools, including those offered by Google, Inc. (“Google”). These third party services use cookies to help us analyze how users use our Website. The information generated by the cookie about your use of our Website (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of our Website, compiling reports on activity for website and application operators and providing other services relating to online activity and Internet usage. Google may also transfer this information to third

parties where required to do so by law, or where such third parties process the information on behalf of Google. To opt-out of Google analytics, please see: https://tools.google.com/dlpage/gaoptout. To learn more about how Google Analytics or Google Tag Manager collects and processes data, please visit “How Google uses data when you use our partners’ Site or apps”, located at www.google.com/policies/privacy/partners/. To learn about how to opt-out of Google Analytics, please visit http://tools.Google.com/dlpage/gaoptout/.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at https://support.google.com/adwordspolicy/answer/1316548?hl=en and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/

How and Why Gerber Collects your Personal Information

Loyalty Program for Industry Professionals

Should you choose to register for Gerber Rewards, you will be asked to provide certain registration details, including Personal Information. Additionally, when you participate in Gerber Rewards, we will collect information about your product purchases that generate loyalty points.

By using the Website or by providing us with Personal Information, you are consenting to this Privacy Policy and to our use of your Personal Information in accordance with this Privacy Policy. If you provide Personal Information to us through the Website, you acknowledge and agree that your Personal Information is stored on servers hosted in the United States of America and/or in other third countries, and that those servers may be owned and operated by third parties. Your Personal Information is subject to the laws of the countries in which it is stored and used, and the privacy legislation of these countries may differ from those applicable to your country of residence. Under the applicable laws, the courts, organizations responsible for applying the legislation, regulatory agencies or safety authorities may under some circumstances be authorized to access your Personal Information. By giving us your Personal Information, you agree to allow it to be transferred to the United States of America, and third countries, and you acknowledge and agree that the country in which your Personal Information is stored and process may have a different legal regime for protecting Personal Information than that of your country of residence.

How does Gerber use and disclose the information it collects?

We may use and disclose information that we collect about you or that you provide to us, including any Personal Information, for permitted business purposes to:

Third Parties: Gerber does not sell your Personal Information to unaffiliated third parties. For the purpose of operating our business, we may transfer your Personal Information to our third party service providers who use that information only to conduct Gerber business. For example, these third party service providers may handle Gerber data management, email distribution, information analysis, promotions management and other services for Gerber. We provide our preferred service providers with the Personal Information they need to perform their services and work with them to respect and protect your Personal Information. We may also share such information with our parent and sister companies as necessary to provide with you the information and services you request or may be interested in.

Aggregated Data: We may use your Personal Information that is aggregated and no longer personally identifiable for purposes such as reporting and marketing and we may disclose aggregated information to various third-parties.

Legal Requirements: We may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our website policies, in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company, or to protect our or others’ rights, property or safety.

Linking to Third Party Sites

The Website may link to other websites and resources owned and operated by third parties as a convenience to you. We do not have control over these websites, which are not operated by Gerber and have separate privacy policies and terms and conditions. When leaving our Website, you need to be aware that our policies no longer apply and we will not be responsible for the content contained in third party websites linked to from our Website. If you provide any personally identifiable information through any such third party website, your transaction will occur on such third party’s website (and not on

the Website) and the personally identifiable information you provide will be collected by, and controlled by the privacy policy of, that third party. We strongly encourage you to review the terms and privacy policies of any third-party websites before using their sites.

Opt-Out/Unsubscribe from Gerber Promotional E-mails

If for any reason you would like to stop receiving any e-mails sent by Gerber that notify you of upcoming events, promotions, sales, new products or contain other commercial communications, simply click the unsubscribe link provided at the bottom of every email. This will direct you to an unsubscribe page where you can remove your name from the Gerber promotional e-mail list. This opt-out does not apply to information provided to Gerber as a result of a warranty registration, product service experience, or other transactions.

User Generated Content Functions

This Privacy Policy shall not apply to any unsolicited information you provide through the Website or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, any ideas for new products or modifications to existing products, and/or other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Gerber be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution. You should exercise caution before you post Personal Information that you post public areas of the Website. Gerber cannot and will not be responsible for the privacy and/or security of such information.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

California Privacy Rights

If you are a California resident, you may have certain rights with respect to your Personal Information including the following rights:

1) the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;

2) We do not sell any Personal Information to third parties, but you have a right to contact us to “opt-out” of any future sale of your personal information to any third parties;

3) the right, with some exceptions, to have your personal information deleted from our possession or control; and

4) the right to receive equal service and pricing from us even if you exercise any of your privacy rights.

California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, our Privacy Policy or our use of your personal information, please send an e‐mail to policy@gerberonline.com, or write us at:

California Privacy Rights

Gerber Plumbing Fixtures LLC, 2500 Internationale Pkwy, Woodridge, IL 60517

1-888-648-6466

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you.

If you are a California resident under the age of 18, and a registered user of a Website where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to policy@gerberonline.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. We will notify you of such changes by contacting you via e-mail or posting a notice that our Privacy Policy has changed on our website. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: policy@gerberonline.com.