The Cookware Company (USA), LLC
The Cookware Company (USA), LLC, a Delaware limited liability company, (“CWC”) operates a website at
https://www.bk-cookware.com (the “Site”) for the purpose of enabling you to learn more about CWC and its products, purchase such products, and to contact CWC. CWC respects your privacy, and this policy covers CWC’s processing, protection, transfer and use of information collected from you through the Site.
You should review this policy carefully, and be sure you understand it, prior to using the Site. Your use of the Site is deemed to be your acceptance of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Definitions. In this policy:
(a) “Analytical Data” means all Non-Personal Data obtained through the use of session and persistent cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from CWC, and if you did, the times they were opened).
(b) “California Information” means all Personal Data that relates to residents of California and that is covered by the California Consumer Privacy Act or the California Online Privacy Protection Act (collectively, the “California Laws”).
(c) “Collected Data” means all (i) Personal Data and (ii) Non-Personal Data.
(d) “Non-Personal Data” means all information that is not Personal Data (including, but not limited to, any Analytical Data) and that is electronically collected by CWC through the Site and e-mail messages and other electronic communications sent by you to CWC.
(e) “Personal Data” means all information electronically collected by CWC through the Site and e-mail messages and other electronic communications sent by you to CWC that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, such individual’s name, e-mail, address, phone number, and purchase history with CWC).
3. Data Collection
All Collected Data obtained from you is provided by you (or by a third party on your behalf) voluntarily, except for any Analytical Data obtained automatically through the Site as set forth in this policy. Regardless of how CWC collects Collected Data, CWC will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) CWC’s other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing CWC with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to CWC at any time by terminating your use of the Site or notifying CWC as set forth in Section 21. If you refuse to provide any information when requested to do so by the Site, you may not be able to access, or otherwise obtain the benefits of, certain features of the Site.
5. Electronic Communications
Whether or not you have previously sent CWC an e-mail message, you consent to CWC’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, or (b) for any other legitimate business purpose of CWC (including, but not limited to, marketing). Since CWC endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting CWC as set forth in Section 21 or following the “unsubscribe” directions contained in such e-mail messages or other electronic communications.
6. Analytical Data
When you access the Site, CWC will collect Analytical Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to access some features of the Site. Analytical Data will only be used by CWC (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of CWC (including, but not limited to, marketing). CWC will collect Analytical Data either directly or through third parties acting on its behalf.
CWC will use commercially reasonable administrative and technical measures to protect Personal Data from loss and unauthorized access, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by CWC and in compliance with any applicable law. Even if CWC uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. In providing any information to CWC, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization.
All Collected Data may be used by CWC for any legitimate business purpose. If CWC expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, CWC will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
Any Collected Data obtained by CWC, whether or not for a specific purpose, may be transferred to third parties relied upon by CWC in the ordinary course of its business (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of CWC) for any purposes for which CWC could use such Collected Data. All such third parties shall process, protect, transfer and use such Collected Data in accordance with the provisions of this policy and CWC shall continue to remain responsible for such Collected Data.
CWC may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other similar requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of CWC or a third party, or (d) transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of CWC. If Collected Data is transferred to a third party pursuant to this paragraph, CWC will have no responsibility for any use of such Collected Data, or any action of, the third party to whom or which such Collected Data is transferred or for the failure of such third party to protect such Collected Data.
Except as set forth in clause (d) of the first sentence of the immediately preceding paragraph, CWC does not sell any Personal Data to third parties.
10. Required Actions
Upon a request by you pursuant to Section 21, CWC will, to the extent required by any applicable law, disclose, delete or take any other action with respect to any Personal Data relating to you that is collected by CWC. For particular requirements related to residents of California, see Section 14.
11. Data Accuracy
CWC does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, CWC will grant you access to your Personal Data in the possession, or under the control, of CWC solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact CWC in writing as set forth in Section 21.
12. Third-Party Sites
The Site is not directed to, or intended for, children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been submitted to CWC through the Site without the parent’s or guardian’s consent, CWC will use commercially reasonable measures to remove such Personal Data from CWC’s servers at the parent’s or guardian’s request. To request the removal of such Personal Data, the parent or guardian must contact CWC as set forth in Section 21, and provide all information requested by CWC to assist it in identifying the Personal Data to be removed.
14. California Residents
CWC does not sell any California Information. CWC will, to the extent required by the California Laws, disclose, delete or take any other action with respect to any California Information. A resident of California may request pursuant to the California Laws (a “California Request”), among other things, that CWC:
(a) Disclose to such resident:
(i) The categories of California Information relating to such resident that are collected by CWC;
(ii) The categories of sources from whom or which California Information relating to such resident is collected by CWC;
(iii) The purposes for CWC’s collection of California Information relating to such resident;
(iv) The categories of third parties to whom or which CWC transfers California Information relating to such resident;
(v) The specific pieces of California Information collected by CWC relating to such resident; and
(vi) If California Information is disclosed for a business purpose to a third party, the categories of such California Information relating to such resident that are disclosed for a business purpose, and the categories of third parties to which or whom such California Information are disclosed for a business purpose; and
(b) Except in certain circumstances, delete California Information of such resident.
Any California Request (a) can only be made twice in a 12-month period, (b) will require the collection of certain information by CWC to verify the identity of such resident, and (c) must be submitted to CWC as set forth in Section 21. CWC will respond to any such request within 45 days after receiving such information.
The California Laws require certain additional disclosures that can be found at this link: California Privacy Disclosures. CWC will not discriminate against a resident of California for exercising any right of such resident under the California Laws, except as permitted under the California Laws.
15. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of New York, without regard to its principles of conflict of laws.
17. Entire Agreement
This policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and CWC, with respect to Collected Data.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
CWC may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by CWC after such posting. It is your responsibility to periodically check for revisions to this policy on the Site. The latest version of this policy will always be the one posted on the Site.
Except as provided in this policy or by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
21. Contact Information
If you have any questions or complaints, desire additional information, or need to notify CWC of anything regarding any Collected Data or otherwise relating to this policy, please promptly contact CWC as follows:
ATTN: Customer Service
The Cookware Company (USA), LLC
94 N Broadway
Irvington, NY 10533
© 2021 The Cookware Company (USA), LLC
All rights reserved.