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Birkenstock: CCPA Consumer Notice

Effective Date: January 1, 2020

This notice reflects our good faith understanding of the law and our data practices as of January 1, 2020, but the CCPA’s implementing regulations are not yet final and there remain differing interpretations of the law. Accordingly, we may update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”), and supplements other Birkenstock privacy policies and notices. In the event of a conflict between any other Birkenstock policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.

This Notice covers the calendar year 2019 and describes our collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”), as well as rights California Consumers have under the CCPA. For purposes of this Notice, in some places we have abbreviated or summarized CCPA terms or language. Terms defined in the CCPA that are used in this Notice shall have the same meanings as in the CCPA.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect PI about California Consumers as described in the table below.

Category Examples of PI Collected Sources of PI Purposes for PI Collection
Identifiers Name, postal address, Internet Protocol address, email address

• You
• Created by us
• Your email and social media accounts
• Your devices
• Business partners and vendors

• Delivering products or services
• Analytics
• Security and fraud prevention
• Debugging
• Research and development
• Quality assurance

Customer/Individual Records Name, address, telephone number, email address, payment card details, signature, driver's license number

• You
• Created by us
• Your email and social media accounts
• Business partners and vendors

• Delivering products and services
• Security and fraud prevention
• Debugging
• Research and development
• Quality assurance

Protected Characteristics Gender, Ethnicity, Household Make-up

• You
• Your devices 
• Business partners and vendors

 

• Delivering products and services
• Marketing

Commercial Information/Purchase Details Purchase history, account profiles, records of personal property, consuming histories or tendencies

• You
• Created by us
• Your email and social media accounts
• Your devices
• Business partners and vendors

• Delivering products and services
• Marketing
• Research and development
• Quality assurance

Internet Usage Information Browsing history, search history, information regarding interactions with our website or advertisements

• You
• Your email and social media accounts
• Your devices
• Business partners and vendors

• Delivering products and services
• Marketing
• Research and development
• Quality assurance
• Security and fraud prevention

Geolocation Data Precise physical location and movements

• You
• Your devices

• Delivering products and services
• Marketing

Sensory Data Audio recordings of customer service calls, (CCTV footage applicable to retail location only)

• You
• Created by us

• Delivering products and services
• Quality Assurance
• Security and fraud prevention

Professional or Employment Information Professional, educational, or employment-related information

• You
• Created by us
• Vendors and other third parties

• Delivering products and services

Inferences from PI Collected Customer profiles reflecting preferences and predispositions

• You
• Created by us
• Vendors and other third parties
• Your email and social media accounts

• Delivering products and services
• Analytics
• Marketing

In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information. We do not attempt to re-identify such information.

Subject to the CCPA’s restrictions and obligations, our vendors also may use your PI for some or all of the above-listed business purposes.

SHARING OF PERSONAL INFORMATION

We may share PI with our affiliates, service providers and qualified vendors (including those that facilitate interest-based advertising and other advertising and marketing), and other parties as described in the table below.

Category of PI Categories of Recipients Purpose(s) for Disclosures
Identifiers • Business partners
• Delivery service providers
• Marketing partners

• Delivering products or services (to perform services on behalf of Birkenstock)
• Marketing
• Analytics

Customer Records • Business partners
• Financial institutions
• Delivery service providers
• Marketing partners

• Delivering products or services (to perform services on behalf of Birkenstock)
• Marketing
• Analytics

Protected Characteristics • Marketing partners

• Marketing
• Analytics

Commercial Information/Purchase Detail • Business partners
• Financial institutions
• Delivery service providers
• Marketing partners

• Delivering products or services (to perform services on behalf of Birkenstock)
• Marketing
• Analytics

Internet Usage Information • Marketing partners

• Marketing
• Analytics

Geolocation Data • Marketing partners

• Marketing
• Analytics

Sensory Data (Retail Location Only) • Business partners

• Security and fraud prevention

Inferences from PI Collected • Marketing partners

• Marketing
• Analytics

Notwithstanding anything to the contrary in our other privacy notices, and as permitted by law, we typically restrict use of your PI that is governed by the CCPA’s Consumer rights provisions and is shared with our vendors to business purposes. Please note that we may share your PI with another party if you direct us to do so, and disclosures amongst Birkenstock entities do not constitute “sales” under the CCPA.

During the past 12 months, we shared certain categories of personal information about California residents with third parties and business partners in a manner that may constitute a “sale” under the CCPA, as described below:

We work with one or more third parties to (i) administer and analyze effectiveness of advertising or promotional campaigns. These third parties may place cookies on individuals’ computers to receive information about traffic to our site, browsing and purchasing activity on our online services, and (ii) From time to time third parties may help us to provide a more tailored user experience. These third parties may collect information about individuals’ internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes.

CALIFORNIA PRIVACY RIGHTS

Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI.

Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. We will use PI provided in your request only to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.

Your California Consumer privacy rights are described below. To make a request, please email us at privacy@birkenstockusa.com or call us at 1-844-505-4055. We will take appropriate steps to confirm the identity of a Consumer making a request for purposes of verifying the authenticity of the request. You may be required to provide certain PI to allow us to verify that you are the Consumer about whom the request is being made. If you request that we provide you with specific pieces of personal information about you, we will apply heightened verification standards. An authorized agent may submit a request on behalf of a Consumer if the Consumer has provided the authorized agent with power of attorney in accordance with California law; alternatively, the agent must (1) present verifiable written authorization from the Consumer that the agent has the Consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with Birkenstock.

DISCLOSURE RIGHTS

You have the right to request that we disclose the following information for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than twice in a 12-month period.

  • The categories of PI we have collected about you
  • The categories of sources from which we collected your PI
  • The business or commercial purpose(s) for our collection of your PI
  • The specific pieces of PI we have collected about you
  • The categories of third parties to whom we have disclosed your PI
  • A list of the categories of PI disclosed for a business purpose in the prior 12 months (or a statement that no such disclosure occurred)
  • A list of the categories of PI sold about you in the prior 12 months, including the categories of third parties to whom we sold your PI and the business or commercial purposes for the sale (or a statement that no such sale occurred)

Where required by law, we will provide this information in a portable and, if technically feasible, readily usable format.

"DO NOT SELL" RIGHTS

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our Online Channels or otherwise share personal information with such parties in exchange for non-monetary consideration (such as an enhanced ability to serve you content and advertisements that may be of interest to you). You have the right to opt out of this disclosure of your information, as detailed below.

During the 12-month period prior to the effective date of this California Consumer Privacy Statement, we may have sold the following categories of personal information: Identifiers, Commercial Information, Online Activity and Inferences.

We do not sell the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age.

Opt-Out of Sale: You have the right to opt-out of the sale of your personal information. Please understand that we will still share your information in ways that are not a “sale,” such as with our service providers, for our own online advertising purposes. Your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights; if you use multiple web browsers or devices, you will need to opt-out from each browser and device. Please note that opting-out of the sale of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and your information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes.

To submit a request, please complete this request form: Do Not Sell My Info. You may email it to us at privacy@birkenstockusa.com or mail to the address listed below in the CONTACT US section.

DELETION RIGHTS

You may request that we delete your PI that we have collected directly from you. Under the CCPA, we may decline to delete your PI under certain circumstances, for example, if we need the PI to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your PI that we did not collect directly from you.

Non-Discrimination Rights and Financial Incentive Programs

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights.

CALIFORNIA’S “SHINE THE LIGHT” LAW

Under California’s “Shine the Light” law, California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with this law by emailing us at privacy@birkenstockusa.com or by sending a letter to Birkenstock USA, LP, Legal Department, 100 Wood Hollow Drive, Suite 100, Novato, CA 94945 (Attention: Privacy Inquiry). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and that you must exercise your CCPA and “Shine the Light” rights separately.

CONTACT US

For more information regarding your California privacy rights, you may contact us at 1-844-505-4055 or email us at privacy@birkenstockusa.com. You may also write to us at:

Birkenstock USA, LP
Attention: California Privacy Inquiry
100 Wood Hollow Drive, Suite 100
Novato, CA 94945


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