Birkenstock: U.S. State Privacy Notice

Effective Date: July 1, 2023

This U.S. State Privacy Notice (“Notice”) describes how Birkenstock USA (“us,” “we,” or “our”) processes Personal Information of consumers in California, Colorado, Connecticut, and Virginia (the “Applicable States”). This Notice supplements our other privacy policies and notices, including our main Privacy Policy. In the event of a conflict between any other policy, statement, or notice and this Notice, this Notice will prevail as to consumers in the Applicable States (“Consumers”).

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 Notice describes our collection, use, disclosure, and sale of Consumers’ “Personal Information”, as well as rights Consumers have under Applicable State privacy laws.

TABLE OF CONTENTS

• Collection and Use of Personal Information
• Retention of Personal Information
• Disclosure of Personal Information
• Submitting Requests Relating to Your Personal Information
• California Privacy Rights
  • How We Sell and Share Personal Information
  • Your California Privacy Rights
  • Financial Incentive Programs
• California’s “Shine the Light” Law
• Colorado Privacy Rights
• Connecticut Privacy Rights
• Virginia Privacy Rights
  • Additional Disclosures of Personal Data
  • Your Virginia Privacy Rights
• Contact Us

COLLECTION AND USE OF PERSONAL INFORMATION

“Personal Information” (“PI”) or “Personal Data” (“PD”) means information that is linked or reasonably linkable to you, as defined in Applicable State laws. Personal Information does not include information that is publicly available, deidentified, or aggregated.

We may collect and we have collected, within the past 12 months, the following categories of Personal Information about Consumers. Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Category of PI	Examples of PI Collected	Categories of Sources from which PI was Collected	Purposes for PI Collection
Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number, or other similar identifiers	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
Personal records (including Personal Information described in Cal. Civ. Code § 1798.80(e))	Name, signature, address, telephone number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information	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
Characteristics of protected classifications	Age and date of birth, race, ancestry, ethnic origin, sex, gender, gender identity, household make-up	You Your devices Business partners and vendors	Delivering products and services Marketing
Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, or account profiles	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 or other electronic network activity information	Internet or other similar activity, browsing history, search history, information on a Consumer's interaction with a website, application logs, device data and registration, or advertisement	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
Audio, electronic, visual, thermal, olfactory, or similar information	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.

Our Collection of Sensitive Personal Information

We may collect and we have collected, within the past 12 months, the categories of Sensitive Personal Information about Consumers that are indicated in the chart below. The Sensitive Personal Information we collect may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Category of Sensitive Personal Information	Categories of Sources from which Information was Collected	Purposes for Collection / Use / Disclosure
Personal Information that reveals a Consumer’s, driver’s license, state identification card, or passport number	You Your devices	Delivering products and services Marketing
Personal Information that reveals a Consumer’s account log-in, 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	You Your devices	Delivering products and services Marketing
Personal Information that reveals a Consumer’s racial or ethnic origin	You Your devices Business partners and vendors	Delivering products and services Marketing

RETENTION OF PERSONAL INFORMATION

We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

• Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
• Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
• The information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
• We are otherwise required or permitted to keep your information by applicable laws or regulations.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.



DISCLOSURE OF PERSONAL INFORMATION

The chart below shows the categories of Personal Information we have disclosed to our service providers and contractors for a business or commercial purpose during the last 12 months.



Category of Personal Information or Sensitive Personal Information	Categories of Recipients to which Information was Disclosed	Purpose(s) for Disclosures
Identifiers	Business partners Financial institutions Delivery service providers Marketing partners	Delivering products or services (to perform services on behalf of Birkenstock) Marketing Analytics
Personal Records (including Personal Information described in Cal. Civ. Code § 1798.80(e))	Business partners Financial institutions Delivery service providers Marketing partners	Delivering products or services (to perform services on behalf of Birkenstock) Marketing Analytics
Characteristics of protected classifications	Marketing partners	Marketing Analytics
Commercial Information	Business partners Financial institutions Delivery service providers Marketing partners	Delivering products or services (to perform services on behalf of Birkenstock) Marketing Analytics
Internet or other electronic network activity information	Marketing partners	Marketing Analytics
Geolocation Data	Marketing partners	Marketing Analytics
Audio, electronic, visual, thermal, olfactory or similar information (Retail Location Only)	Business partners	Security and fraud prevention
Inferences from PI Collected	Marketing partners	Marketing Analytics
Sensitive Personal Information
Driver’s license or state identification card	Business partners Delivery service providers	Delivering products or services (to perform services on behalf of Birkenstock) Marketing Analytics
Account log-in, 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	Business partners Financial institutions Delivery service providers	Delivering products or services (to perform services on behalf of Birkenstock) Analytics
Personal Information that reveals a Consumer’s racial or ethnic origin	Business partners Marketing partners	Delivering products or services (to perform services on behalf of Birkenstock) Marketing Analytics



During the past 12 months, we disclosed certain categories of Personal Information about residents of the Applicable States with third parties and business partners in a manner that may constitute “targeting advertising” or “cross-contextual behavioral advertising” under the Applicable State laws, 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.



SUBMITTING REQUESTS RELATING TO YOUR PERSONAL INFORMATION

Under Applicable State laws, Consumers have certain rights which they may exercise independently or through an authorized agent. These rights requests are subject to an identification and verification process. We will not fulfill a request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI. Please note that if you make a privacy rights request, we will retain the Personal Data submitted in connection with your request for recordkeeping purposes. We will not discriminate against you if you choose to exercise any of your privacy rights.

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 Consumer privacy rights are described in the following sections 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 necessary state 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.



CALIFORNIA PRIVACY RIGHTS

Terms defined in the California Consumer Privacy Act of 2018 (“CCPA”) that are used in this Section shall have the same meaning as in the CCPA.

How We Sell and Share Personal Information

Under California law, a “sale” of Personal Information does not necessarily involve an exchange of money. Instead, the term also includes disclosures of Personal Information to third parties under circumstances where the third parties may use the information for their own purposes. 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.

The chart below shows the categories of Personal Information we have shared with third parties for cross-context behavioral advertising during the last 12 months. 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.



Category of Personal Information or Sensitive Personal Information	Sold?	Shared for Cross-Context Behavioral Advertising?	Categories of Third Parties to which Information was Sold or Shared	Purposes for Selling / Sharing
Identifiers	No	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Commercial Information	No	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Internet or other electronic network activity information	No	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Inferences	No	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you



Your California Privacy Rights

Right to Know. 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. You have the right to know what Personal Information we have collected about you, which includes:


• The categories of Personal Information we have collected about you, including
  • The categories of sources from which the Personal Information was collected
  • Our business or commercial purposes for collecting, sharing, or disclosing Personal Information
  • The categories of recipients to which we disclose Personal Information
  • The categories of Personal Information that we shared, and for each category identified, the categories of third parties to which we shared that particular category of Personal Information
  • The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information
• The specific pieces of Personal Information we have collected about you
• Where required by law, we will provide this information in a portable and, if technically feasible, readily usable format.

Right to Delete Your Personal Information. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions. 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.

Right to Correct Inaccurate Information. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for cross-context behavioral advertising. To opt out, please click here. 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.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

Rights Related to Automated Decision-Making. You have the right to opt out of automated decision-making, including profiling, that we use to evaluate certain personal aspects relating to your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

Financial Incentive Programs

We may offer you certain financial incentives permitted under applicable law that can result in different prices, rates, or quality levels. A financial incentive notice is either provided below for the particular program listed or will be provided in connection with the offer for the particular financial incentive. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We may add or change programs and their terms by posting notice on the program descriptions below or within the offer to participate, so please check them regularly.



Program	Incentive Offered	Material Term	How to Opt-In
Email and Text Message Sign Up Discount	First-time email and text message signup Consumers earn 10% off their first purchase.	The Email and Text Message Sign Up Discount is available to Consumers who are 18 years of age or older, and discounts are redeemable only at birkenstock.com/us on full price styles, exclusions apply. We collect your email address and phone number to facilitate our operations, send you marketing messages, and to provide you with benefits.	Participating in the Email and Text Message Sign Up Discount is entirely optional but is subject to additional terms and conditions and exclusions. You may opt in by providing your email address and phone number on our website at the link available from time to time at our home page, birkenstock.com/us and opting in to receive messages from us.



The financial incentive we offer to Consumers through each program is reasonably related to the value of the Consumer’s data. We have made a good faith estimate of the value of the Consumer’s data based on relevant expenses related to the collection and retention of Personal Information as part of each program.

Participants in a financial incentive program may make a Personal Information deletion request as set forth herein. Consumers that are part of a rewards program will then be sent an email requesting that they confirm that they want to delete their respective program data. You may also terminate program participation at any time, as explained in each program’s terms or by calling us at 1-844-505-4055. Upon a termination request, some program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. You can opt out of non-program marketing emails or delete your Personal Information from our active marketing lists and retain your program account and benefits.



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.



COLORADO PRIVACY RIGHTS

This Section supplements the other parts of our Notice, and provides additional information for Colorado Consumers, including how to exercise their rights under the Colorado Privacy Act (“CPA”). Terms defined in the CPA that are used in this Section shall have the same meaning as in the CPA.

Additional Disclosures of Personal Data

Targeted Advertising and Sales of Personal Data. Under Colorado law, a “sale” of Personal Data does not necessarily involve an exchange of money. Instead, the term also includes disclosures of Personal Data to third parties under circumstances where the third parties may use the information for their own purposes. We do not sell your Personal Data in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your Personal Data via automated technologies on our Online Channels or otherwise share Personal Data 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). To opt out of targeted advertising, please click here.

The chart below shows the categories of Personal Data we have shared with third parties for targeted advertising during the last 12 months.



Category of Personal Data or Sensitive Data	Sold or Used for Targeted Advertising?	Categories of Third Parties to which Information was Sold or Shared?	Purposes for Selling / Sharing
Identifiers	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Commercial Information	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Internet or other electronic network activity information	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you
Inferences	Yes	Advertising Partners	Enhanced ability to serve you content and advertisements that may be of interest to you



Profiling. We do not use Personal Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning Consumers.

Your Colorado Privacy Rights

Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Data, to access your Personal Data, and to obtain a copy of Personal Data you provided to us in a portable format.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and our purposes for processing it.

Right to Delete. You have the right to request that we delete your Personal Data.

Right to Opt Out. You have the right to opt out of the following uses of your Personal Data: (a) targeted advertising; (b) the sale of Personal Data; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects.

Right to Appeal. Sometimes we are unable to process requests relating to your Personal Data, in which case, your request will be denied. If you are a resident of Colorado whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our email at privacy@birkenstockusa.com or call us at 1-844-505-4055.

Bona Fide Loyalty Programs

We may offer you certain loyalty program benefits permitted under applicable law that can result in different prices, rates, quality, or selection levels. A loyalty program notice is either provided below for the particular program listed or will be provided in connection with the offer for the particular program.

Participation in a loyalty program requires your prior opt-in consent, which you may revoke at any time. The Colorado “Sale of Personal Data and targeted advertising” Section above identifies the categories of Personal Data that we may collect, sell, or process for targeted advertising through the loyalty program. The chart below shows the third parties who may receive your Personal Data in connection with the loyalty program, loyalty program partners, and the program benefits provided by each partner. We may add or change programs and their terms by posting notice on the program descriptions below or within the offer to participate, so please check them regularly.



Program	Personal Data	Third Parties and Loyalty Program Partners	Incentive Offered
Email and Text Message Sign Up Discount	Identifiers Personal Records	Service providers that help us operate the program	First-time email and text message signup Consumers earn 10% off their first purchase



Participants in a loyalty program may make a Personal Data deletion request as set forth herein. Consumers that are part of a rewards program will then be sent an email requesting that they confirm that they want to delete their respective program data. You may also terminate program participation at any time, as explained in each program’s terms or by calling us at 1-844-505-4055. Upon a termination request, some program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. You can opt out of non-program marketing emails or delete your Personal Data from our active marketing lists and retain your program account and benefits.



CONNECTICUT PRIVACY RIGHTS

This Section supplements the other parts of our Notice, and provides additional information for Connecticut Consumers, including how to exercise their rights under the Connecticut Personal Data Privacy and Online Monitoring Act (“CTDPA”). Terms defined in the CTDPA that are used in this Section shall have the same meaning as in the CTDPA.

Additional Disclosures of Personal Data

Targeted Advertising and Sales of Personal Data. Under Connecticut law, a “sale” of Personal Data does not necessarily involve an exchange of money. Instead, the term also includes disclosures of Personal Data to third parties under circumstances where the third parties may use the information for their own purposes. We do not sell your Personal Data in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your Personal Data via automated technologies on our Online Channels or otherwise share Personal Data 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. To opt out of targeted advertising, please click here.

Profiling. We do not use Personal Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning Consumers.

Your Connecticut Privacy Rights

Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Data, to access your Personal Data, and to obtain a copy of Personal Data you provided to us in a portable format.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and our purposes for processing it.

Right to Delete. You have the right to request that we delete your Personal Data.

Right to Opt Out. You have the right to opt out of the following uses of your Personal Data: (a) targeted advertising; (b) the sale of Personal Data; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects.

Right to Appeal. Sometimes we are unable to process requests relating to your Personal Data, in which case, your request will be denied. If you are a resident of Connecticut whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our email at privacy@birkenstockusa.com or call us at 1-844-505-4055.



VIRGINIA PRIVACY RIGHTS

This Section supplements the other parts of our Notice, and provides additional information for Virginia Consumers, including how to exercise their rights under the Virginia Consumer Data Protection Act (“VCDPA”). Terms defined in the VCDPA that are used in this Section shall have the same meaning as in the VCDPA.

Additional Disclosures of Personal Data

Targeted Advertising. We may process your Personal Data for targeted advertising (as the term is defined in the VCDPA). To opt out, please click here.

Sales of Personal Data. We do not sell (as the term is defined in the VCDPA) your Personal Data.

Profiling. We do not use Personal Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning Consumers.

Your Virginia Privacy Rights

Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Data, to access your Personal Data, and to obtain a copy of Personal Data you provided to us in a portable format.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and our purposes for processing it.

Right to Delete. You have the right to request that we delete your Personal Data.

Right to Opt Out. You have the right to opt out of the following uses of your Personal Data: (a) targeted advertising; (b) the sale of Personal Data; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects.

Right to Appeal. Sometimes we are unable to process requests relating to your Personal Data, in which case, your request will be denied. If you are a resident of Virginia whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our email at privacy@birkenstockusa.com or call us at 1-844-505-4055.



CONTACT US

For more information regarding your 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



EXERCISE YOUR RIGHTS

To exercise your rights as a resident of California, click here.
To exercise your rights as a resident of Colorado, click here.
To exercise your rights as a resident of Connecticut, click here.
To exercise your rights as a resident of Virginia, click here.
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