Formerra Privacy Policy

Last Updated: May 11, 2023

 

1. Introduction

This Privacy Policy (this “Privacy Policy”) describes the Personal Information and other information that Formerra, LLC and its affiliates (collectively, “Formerra,” “we,” “us,” or “our”) may collect, and how Formerra collects, uses and discloses such information when you access or use our website made available at www.Formerra.com, our ecommerce website made available at www2.Formerra.com, and other online services that link to this Privacy Policy (collectively, the “Websites”), as well as your choices related to your Personal Information.  By accessing or using the Websites, you acknowledge and consent to the practices described in this Privacy Policy regarding our collection, use and disclosure of your Personal Information. If you do not acknowledge and consent to the terms of this Privacy Policy, you may not use the Websites.

Please note that some privacy rights and obligations may differ in certain locations based on local law, in which case Formerra will comply with local legal requirements.

 

2. The Personal Information We Collect

When you access or use the Websites, Formerra may collect Personal Information in the following ways:

  • Information You Provide to Formerra: We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Websites, fill out a form, make a purchase, request customer support, use our Websites or otherwise communicate with us. The types of information we may collect include: (1) identifiers, such as your full name, phone number, email address, postal mail address, unique personal identifier, online identifier, internet protocol address, (2) commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, (3) professional or employment-related information such as company name, company payment information, and business contact information (e.g., business phone number, address, or email); and (4) any other information you choose to provide.
  • Information About Your Use of the Websites
    • Usage Information: When you use the Websites, Formerra may collect information about your use of the Websites, including the way you respond to us when we send you emails or communications or your preferences when you interact with our Websites. Formerra may use this data to analyze trends and statistics to improve your online experience or our customer service. 
    • Information We Collect Automatically: When you access or use our Websites, we automatically collect information about you, including:
      • Log Information: We log information about your use of the Websites, including the type of browser you use, access times, pages viewed, your IP address, your general location and the page you visited before navigating to our Websites.
      • Transactional Information: When you make a purchase, we collect information about the transaction, such as purchase details, purchase price, and date and location of the transaction. We or a designated third party may collect payment and credit card information when you purchase our products or services.
      • Device Information: We collect information about the computer or mobile device you use to access our Websites, including the hardware model, operating system and version, unique device identifiers and mobile network information.
    • Information We Collect From Other Sources: We may also obtain information from other sources and combine that with information we collect through our Websites. For example, we may collect information about you from third parties, including but not limited to entities who have received consent from individuals to share their data with us.

 

4. Use of Information Collected by Formerra

Formerra may use Personal Information about you for various purposes, including to:

  • Provide, maintain and improve our Websites and provide you with relevant information;
  • Provide and deliver the products and services you request, process transactions and send you transaction-related information, including confirmations and invoices;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products and services offered by us and others, and to provide news and information we think will be of interest to you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
  • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Formerra and others;
  • Personalize and improve the Websites and provide advertisements, content or features that match user profiles or interests;
  • Comply with our legal and financial obligations; and
  • Carry out any other purpose described to you at the time the information was collected.

Communication Preferences. By creating an account or otherwise providing your email address, you consent to receive electronic communications from Formerra (e.g., via email or by posting notices on our Websites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) or marketing communications that we believe may be of interest to you, each of which are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You may manage your communication preferences by clicking the unsubscribe feature included in the email you receive. Please note that if you opt-out of receiving marketing-related emails from Formerra, you may still receive important administrative messages, from which you cannot opt-out.

 

5. Cookies and Other Data Collection Technologies

We and our service providers may use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Websites. Cookies are small data files stored on your hard drive or in device memory that help us improve the Websites and your experience, see which areas and features of the Websites are popular, and count visits. Web beacons are electronic images that may be used on the Websites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Websites.

Advertising and Analytics Services Provided by Others. We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Websites and other websites, including your IP address, web browser, mobile network information, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Formerra and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Websites and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices or http://www.youronlinechoices.eu/ if you are in the EEA.

We use a marketing, sales, and service platform  to help us analyze and understand traffic and user experiences on our Websites, manage existing and potential customers and customer contacts, and for other commercial purposes.

Notice concerning Do Not Track. Do Not Track is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Websites for third-party purposes, and that is why we provide the variety of opt-out mechanisms listed above. Some web browsers offer users a “Do Not Track” privacy preference setting in the web browser. We do not currently recognize or respond to browser-initiated Do Not Track signals.  Please note that “Do Not Track” is a distinct privacy mechanism from the browser-based opt out signals referenced above, which Formerra does honor in accordance with applicable law.

 

6. Disclosing Your Information

We may share information about you, including Personal Information, as follows, or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
  • In response to requests from local, state, provincial or federal law enforcement officials, any judicial, administrative or similar proceeding or order, such as a subpoena if we believe disclosure is in accordance with, or required by any applicable law;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Formerra and others;
  • To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Websites’ rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper;
  • 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;
  • Between and among Formerra and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership;
  • With your consent or at your direction;
  • To comply with transparency or other public reporting obligations; and
  • As otherwise permitted or required by law.

 

7. Your Privacy Rights

If you reside in California, Colorado, Connecticut, Indiana, Iowa, Utah, Virginia, or certain other states, you may have legal rights with respect to your Personal Information.  You may have the right to: (i) request additional disclosures about the Personal Information we collect, use, and share; (ii) request access to and deletion of your Personal Information, subject to certain exceptions; (iii) opt out of the sale and sharing of your Personal Information; (iv) correct inaccurate Personal Information that we maintain about you; (v) limit the use and disclosure of sensitive Personal Information; and (vi) obtain a copy of your Personal Information. We will not discriminate against you for exercising any of these rights.

Methods for submitting requests. If you wish to exercise any of these rights, please email jackie.morris@formerra.com with the phrase “Privacy Rights” in the subject line. You may also send a request to us by completing this Data Subject Request Form. We will process your request within the timeframe provided by applicable law.

These rights are not absolute, and we reserve all of our rights available to us at law in this regard. You may have the right to appeal our decision with respect to a request you have submitted by emailing us at jackie.morris@formerra.com. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a privacy rights request.

If you make a request related to Personal Information about you, you will be required to supply a valid means of identification as a security precaution. We will verify your identity with a reasonably high degree of certainty using the following procedure where feasible: we will match identifying information you provide when making the request to the Personal Information maintained by us, or use a third-party identity verification service. If it is necessary to collect additional information, we will use the information only for verification purposes and will delete it as soon as practicable after complying with your request. For requests related to particularly sensitive information, we may require additional proof of your identity.

Authorized Agents. You may use an authorized agent to submit a right to know or right to deletion request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request for you. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit adequate proof that you authorized them to act for you.

Sales and Sharing of Personal Information. Under the CCPA, a ‘sale’ is defined broadly to include disclosing or making available Personal Information to a third-party in exchange for monetary compensation or other benefits or value, and ‘share’ broadly includes disclosing or making available Personal Information to a third party for purposes of cross-context behavioral advertising. As such, while we do not disclose Personal Information to third parties in exchange for monetary compensation, we may, pursuant to the CCPA or other applicable law, sell or share Personal Information with advertising networks and third party ad companies and data analytics providers in order to analyze use of the Websites, optimize and develop our products and services, improve and measure our ad campaigns, and reach users with more relevant ads and content.

We do not knowingly sell or share Personal Information about individuals who are younger than 16.

Verification. When you exercise your right to know or right to delete, we will take steps to verify your identity with a reasonably high degree of certainty before processing your request. We may ask for additional information so that we can verify your identity. If it is necessary to collect additional information, we will use the information only for verification purposes and will delete it as soon as practicable after complying with your request. We will only use the personal information you provide to us in response to this request to verify your identity and to process your request, unless you initially provided the information for another purpose. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Shine the Light: Individuals who are California residents may request (i) a list of categories of Personal Information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled "Contact Us" below and specify you are making a "California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

8. Security of Personal Information

Formerra has reasonable and appropriate safeguards in place to help protect the Personal Information Formerra collects from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Although Formerra attempts to protect the Personal Information in our possession, no security system is perfect, and Formerra cannot promise that your Personal Information will remain absolutely secure in all circumstances.

9. Retention of Personal Information

Formerra will retain your Personal Information as needed to fulfill the purposes for which it was collected. Formerra will retain and use your Personal Information as necessary to comply with Formerra’s business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.

10. Links to Third Party Websites

Our Websites may contain certain links to third party websites. Formerra is not responsible or liable for the privacy practices or content found on these websites. You should check the privacy notice and policies of each website you visit. Links to third party websites are provided solely for your convenience and any use or submission of data to such websites shall be at your sole risk.

11. Transfer of Information to the United States and Other Countries

In order to provide you with the Websites, information about you may be transferred to Formerra locations in the United States, United Kingdom, Ireland as well as countries where we or our service providers may be based. In some cases, information about you may be transferred to or accessed from other countries, including when you consent and allow us to do so, where it is required in order for us to provide the Websites to you and when we need to do so to provide functions like product support, troubleshooting and gaining insights into the usage patterns of our Websites. When information about you is transferred to countries other than your home country, you may not have the same rights and protections as you do under local law. Any international transfers of such information will be done in accordance with applicable law.

12. Changes to the Privacy Policy

Formerra may change this Privacy Policy at any time. Unless we say otherwise, changes will be effective upon the last updated date at the top of this Privacy Policy. Please check this Privacy Policy regularly to ensure that you are aware of any changes. We may try to notify you of material changes to this Privacy Policy, which if we do so may be by means such as by posting a notice directly on the Websites, by sending an e-mail notification (if you have provided your e-mail address to us), or by other reasonable methods. In any event, if you use the Websites after changes to this Privacy Policy, you have accepted the changes. If you do not agree with the changes, please stop using the Websites.

13. Contact Us

If you have any questions or concerns related to this Privacy Policy, please contact us at: jackie.morris@formerra.com. You may also contact us through our Data Subject Access Request Form.