This website (the "Site") is operated by BenjaminMooreSales.com (Company). This Privacy Statement (the "Statement") describes Company’s collection, use and disclosure of information practices in connection with the Site.
Collection of Personally Identifiable Information
You are not required to provide any personally identifiable information to visit the Site. Company automatically collects Usage Data (as described below) and may collect ZIP codes and other information in connection with your use of the Site (e.g., the type of car you are looking for). Company collects personally identifiable information only when you make it available through your use of the Site. You may be required to provide personally identifiable information to use certain services on this Site, including, but not limited to, the "Contact Us" feature. In addition, you may submit personally identifiable information through the Site in other ways, including: (a) participating in online surveys, promotions, contests and sweepstakes; (b) subscribing to newsletters, editorial content, or promotional content sent via email, (c) using the Site's "Feedback" and "More Information" forms; and (d) in connection with other products, services, features, or requests made available through the Site. We also publish call tracking phone numbers for many of the merchants on the Site. If you dial one of these phone numbers, Company or a service provider operating on Company’s behalf may record the date, time and length of your call and the phone number from which the call originated, along with other information that may be captured. Any Usage Data (as defined in the next section) and/or personally identifiable information resulting from such calls may be used as described in this Statement. The types of personally identifiable information that you provide will depend on the nature of the submission, but could include your name, address, phone number, email address and credit card information.
Passive Information Collection
The Site automatically collects information and may also customize your visit through technical means, including the following:
Cookies: Cookies are small text files that are placed on your computer's hard drive by computers (or servers) to identify your computer.
Web Beacons: Web beacons (also known as pixel tags, internet tags, clear GIFs, or single-pixel GIFs) are electronic images embedded into a webpage.
IP Address Logs: Company also logs Internet Protocol (IP) addresses - the location of your computer on the Internet.
Cookies allow Company to recognize you when you visit the Site, to personalize your experience and generally to serve you better. For example, if you enter your name, address or ZIP code on one of the Site's forms, it may be stored in a cookie so you do not have to enter it again on other forms on the Site. Cookies and web beacons can tell us what advertising you have seen on the Site, which allows Company to offer you a more diverse selection of advertising information and may also be used together to measure the effectiveness of Company advertising campaigns. Cookies, web beacons and IP addresses are also used to compile data regarding Site usage (e.g., what website you came from, what pages of the Site you visit, how long you were on the Site, what type of browser you are using, what website you went to). Web beacons may also be included in emails sent by Company to determine when and if such emails are opened or forwarded. You can disable cookies or otherwise manage them through tools provided with your browser software and with third-party software packages. If you turn off cookies, many of the Site's features will not work as well or at all. Anonymous information regarding use of our Site and services that is collected and/or aggregated by or on behalf of Company through the use of such technical means or otherwise is referred to in this Statement as " Usage Data ."
Personally Identifiable Information. Personally identifiable information collected by Company through your use of the Site may be stored on servers or in a cookie on your computer and may be used by Company for any of the following purposes:
- To confirm or fulfill a request that you make (e.g., in order to send you coupon information you have requested.
- To follow up on any request that you have previously made (e.g., Company may contact you to determine whether the dealer and/or manufacturer responded to your original request).
- To send promotional materials, newsletters or other content via email or otherwise, but only if you have indicated that you wish to receive such materials. If you no longer wish to receive a particular email newsletter or other promotion from Company, you must follow the opt-out instructions included in such email newsletters and promotions.
- To permit third parties (to whom Company may disclose personally identifiable information specifically for direct marketing purposes) to send you promotional or informational messages, but only if you have first affirmatively agreed to receive such messages.
- To improve your user experience.
- To manage Company’s business and its relationships with Affiliates, customers, and other third parties to which Company may disclose personally identifiable information pursuant to this Statement.
- For Site administration, analysis, research, development, optimization and other internal purposes, including, without limitation, to compile Usage Data.
Usage Data: Usage Data is used by Company for administrative, analytical, research, optimization and other purposes. For example, Company may use
statistical analyses of Usage Data in order to measure interest in the various areas of the Site, for development purposes and to inform advertisers and partners
in aggregate and anonymous terms about consumers who click on their advertising or other messages. IP addresses are also used for systems administration and
With respect to promotional materials and newsletters that Company may send from time to time, Company will not continue to send you such communications if you ask us not to, as described below in the Section entitled "Accessing, Changing or Deactivating Information Collected by Company." However, you agree that Company may send to you, and you cannot opt out of, communications of a transactional or relationship nature, including, but not limited to, communications regarding fraudulent or illegal activity, changes to this Statement or the Company Terms of Service, or a request submitted through the Site.
Company may share personally identifiable information that you provide with third parties in the following cases:
- Requests. If you request information or services through the Site, you agree that Company may share personally identifiable information with third parties as may be necessary to provide such information to or perform such services for you. For example, if you use the Site's "Email the Business" form to request a quote from the business, Company will share the information you entered with that business (or its designee). If that listing was provided by an automobile manufacturer on behalf of a dealer, Company may also share the personally identifiable information you submit as part of the request with the automobile manufacturer and/or its affiliates. Personally identifiable information also may be included in reports to these third parties, but only when you have intended to submit the information to the third party as described above. After the information is provided to such third parties, the subsequent use or disclosure of such information is subject to those third parties' privacy policies and practices and Company does not control their subsequent use or disclosure of information.
- Sweepstakes/Promotions. In the event that you participate in a sweepstakes, contest or other promotion on the Site that is sponsored by Company and a third party, Company reserves the right to share personally identifiable information collected in conjunction with the sweepstakes, contest or promotion with the third party. After the information is provided to such third parties, the subsequent use or disclosure of such information is subject to those third parties' privacy policies and practices.
- Direct Marketing. Except as provided herein, it is Company’s policy not to disclose personally identifiable information to third parties specifically for the third parties' direct marketing purposes. If you are 18 years of age or older and have affirmatively agreed to receive third-party direct marketing materials, Company may share personally identifiable information with third parties for direct marketing purposes. Although Company will notify all third-party direct marketers that the information provided to them is confidential, the subsequent use or disclosure of such information is subject to those third parties' privacy policies and practices.
- Service Providers. Company may work with third parties that provide services on its behalf, including, among others, providers of analytical, development promotional, research, technical and other services. For example, Company may ask that a third party to conduct an online survey or sweepstakes or send newsletters on its behalf.
- Email List Opt-Outs. In the event Company sends promotional emails to you on behalf of third-party advertisers and you inform Company you wish to opt out of future promotional emails from a particular third party, Company may share your email address with that third party so the third party may add you to its opt-out lists.
- Other. Company expressly reserves the right to release any personally identifiable information or other information you provide to third parties under the following circumstances: (a) when required by law or legal process, (b) to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Site, (c) to protect the property or safety of our users or others, (d) to enforce our Terms of Service and (e) in connection with any sale or other transfer of ownership of all or a part of Company. Further, if you make any personally identifiable information publicly available on the Site, Company reserves the right to disclose such information to third parties, including, without limitation, insurance companies and Company’s Affiliates and third-party distribution partners.
Please note that the messages that Company sends to you to confirm, fulfill or follow up on a request may incidentally include promotional material or other content from Company or its partners. In the case of these messages, Company is not sharing your personally identifiable information with those third parties. Company reserves the right to share Usage Data with any third party for any reason.
Your California Privacy Rights
If you are a California resident, you may request that we provide to you:
- a list of the categories of personal information about you that Company has disclosed to third parties for the third parties' direct marketing purposes during the calendar year preceding your request;
- the names and addresses of such third parties; and
- if the nature of the third parties' business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Company, sufficient to give you a reasonable indication of the nature of the third parties' business.
To submit your request, please fill out the form below:
Company also may offer message boards, bulletin boards, chat rooms, comments areas or other forums ("Forums") on the Site for use by visitors who are 18 years of age or older. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use. Moreover, if you post any messages in the Forums that include your email address or phone number you may receive unsolicited emails or calls from third parties.
Send a Page
The Site offers you the ability to email or SMS text certain pages or portions of pages of the Site to a friend, yourself or other third party. If you choose to use the "Send a Page" functionality, your name, email address and any message you are allowed to include will be visible to the recipient of the email. The "Send a Page" functionality is for informational purposes only and may not be used for any unlawful purpose, including any harassment or threats. Information collected by Company through the "Send a Page" functionality shall be used in accordance with this Statement.
Changes to this Statement
Any changes to this Statement will be posted on the Site in this location and this Statement will be identified as "Updated". Your continued use of the Site after such notice constitutes acceptance of such changes.
Your personally identifiable information is one of our most valuable assets. We take steps to keep it physically secure in our data centers and it is accessible only to authorized personnel as needed to perform operations governed by this policy. Moreover, Company cannot guarantee that personally identifiable information that you submit through the Site will not be intercepted or otherwise disclosed.
Company believes that it is especially important to protect children's privacy online. Company does not knowingly collect or use any personally identifiable information from children under the age of 13 and Company does not knowingly provide any personally identifiable information, regardless of its source, to any third party for any purpose whatsoever from visitors younger than 13 years old. No information should be submitted to or posted at Company by visitors younger than 13 years old.
This Site contains links to other sites. While Company encourages our business partners to adopt privacy policies that build users' trust and confidence in the internet, Company is not responsible for the privacy practices or the content of websites linked to the Site or any third-party products or services offered through the Site.
Collection of Information by Third Parties
You may choose:
- Not to provide personal information, although that may result in your inability to obtain certain services or use certain features of our website;
- To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly;