Effective [February 2, 2022]
Last Updated [February 2, 2022]
GUTTERBALL LLC U.S.A. ("Guttrball") values your personal information and respects your privacy. The purpose of this Notice is to keep you informed of: (1) personal information we may collect from or about you [Personal Information]; (2) how we may use and share that information [Sharing]; (3) the choices and resources you have with respect to the forgoing [Use]; (4) our collection, use and sharing of other non-personal information [Sharing]; and (5) additional information about the Guttrball Website & Guttrball’s privacy practices [Additional Information]. Our primary purpose in the collection and use of this information is to further our efforts to interact and build relationships with you, our potential or existing customers, in order to provide a diverse array of innovative and reliable products.
This Notice applies to the Guttrball website located at http://www.guttrball.com and other related websites owned and operated by Guttrball that may link to this Notice (the "Guttrball Website" or "Website"). This policy also applies to information we collect, protect, share and use as part of other technology platforms, web pages, interactive features, special events, forms, social media, and mobile applications. The Website and this Notice are intended for U.S. residents only. By using the Website, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside or are a citizen.
1. Information We May Collect From or About You
When you visit the Guttrball Website, we may collect passive information about your visit. Passive information is any form of aggregate data, navigational data, tracking data, click-stream data, or historical data, which does not on its own personally identify you. Passive Information includes information collected through cookies and web beacons (see 4 below [Cookies])
When you register a product, purchase products through our ecommerce programs via the Website, send us an email, subscribe to one of our newsletters, or submit other data through the Guttrball Website, we may obtain and collect personal information. Personal information is information collected that personally identifies you, such as by name, email address, mailing address, phone number. This personal information may be combined with Passive Information or additional information we receive from third parties, as well.
2. How We May Share or Use Your Personal Information
Personal information may be shared by Guttrball on an international basis with its parent entity, subsidiaries and affiliates, and such information may be further shared between internal product groups in order to enhance the Guttrball customer experience and offer additional products and/or services that may be of interest to you. We may also share your personal information with third parties either at your express direction, such as when you request that we have a Guttrball representative contact you or you authorize sharing of your personal information with a third party business partner. Guttrball is not responsible for the handling of such information by these third parties who are responsible for their own privacy policies that would govern such collection, use and handling of this information. Guttrball may also appoint third party agents in connection with its marketing and survey efforts, subject to a confidentiality agreement concerning the information. In any case, Guttrball will not, without your consent, disclose any such personal information for use in connection with an unrelated third party's marketing efforts.
Guttrball does not send unsolicited bulk emails or marketing-related communications to anyone who has requested that we not contact them. We send promotional information and communications only to those who have taken affirmative steps to subscribe to these communications or our existing registered customers, who have not unsubscribed or opted out of such communications. You may "opt-out" of our promotional use of your personal information (see 3 below [Choices & Resources With Respect to your Personal Information]).
If you have opted out of our promotional use of such personal information (see 3 below [Opt-Out, Amend or Delete Contact]), Guttrball will not use or disclose such information except as follows:
- to communicate directly with you in connection with your Guttrball products, purchases or specific requests;
- to validate credit card numbers;
- to permit our website designers to develop features and services that meet your needs (see 4 below, including Cookies [Cookies]);
- to tailor your experience on our Website, showing you individually tailored content (see 4 below, including Cookies [Cookies]);
- to comply with a lawful subpoena or court order;
- to remedy any violation or breach of an agreement between you and Guttrball; and
- to prevent harm to the property or rights of Guttrball or its customers.
3. Choices & Resources With Respect to Your Personal Information
In response to any Guttrball promotional or marketing communication, such as a newsletter or other circulation, if you wish to no longer receive such communications, please follow the "unsubscribe" instructions contained in such communication. The entity or business group sending such communication will mark your personal information with this request to cease further marketing communications. However, you may receive future communications from other entities or business groups within Guttrball that have received your personal information, unless you have already unsubscribed from such communications from those other entities or business groups or you have communicated a request to opt-out of such communications from all Guttrball business groups.
Opt-Out, Amend or Delete Contact.
If you wish to opt-out of our use and disclosure of your personal information for marketing and survey purposes (other than through use of the unsubscribe/opt-out provided in a marketing communication you may have received), or if you wish to amend or delete certain information that you have previously provided, please email your request to [Data Privacy Request Form]. With respect to amendment or deletion of certain information, we will endeavor to provide a simple way to review, correct, update or remove personal information, as applicable. In some limited circumstances, such as to resolve disputes, comply with retention obligations, troubleshoot problems and enforce our Terms and Conditions, we may retain in our files information you have requested us to remove, but such information is not actively used.
4. Collection, Use & Sharing of Passive & Other Information Beyond the Scope of Personal Information
Aggregate Information. Guttrball may share aggregate statistical information with business partners, sponsors or other third parties without sharing your personal information. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women applied for Guttrball support, but we would not disclose anything that uniquely identifies those individuals.
IP Addresses. An Internet Protocol ("IP") address is a number assigned to your computer whenever you access the Internet. An Internet Service Provider ("ISP") typically assigns a random dynamic IP address at the time of your dial-up. For local area network ("LAN"), DSL, or cable modem users, a static IP address may be permanently assigned to a particular computer. Guttrball may record IP addresses of visitors to its Website. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address. Other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
The Website may contain web beacons, which are electronic images (sometimes called "single-pixel gifs") that allow us to count page views, or to access cookies. We may also include web beacons in HTML-formatted newsletters containing graphics that we may send to opt-in subscribers, to count the number of newsletters that have been opened and read. Our web beacons do not collect, gather, monitor, or share any personal information about our website visitors. They are used only to compile our anonymous, aggregate statistics about website usage.
Guttrball products and connected device applications may collect, use, and share precise location data, including the real-time geographic location of your Guttrball product or connected device using a Guttrball application in order to provide location-based services and features. Where available, geolocation features may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine the approximate location of your device and/or Guttrball product. Unless you provide consent, this location data (if collected at all) is collected anonymously in a form that does not personally identify you and is used by Guttrball, its affiliates and servicers generally to provide and improve location-based products and services. For example, your Guttrball application may share the geographic location of your connected device or Guttrball product with Guttrball, its affiliates and servicers when you opt in to geolocation features within applications or Guttrball products. Some geolocation features require combination with personal information in order to function. For example, some Guttrball products with geolocation features are combined with product identification numbers that are tied to Personal Information.
Performance and Use of Your Guttrball Product.
Guttrball products and connected device applications may collect, use, and share data related to your use of and the performance of your Guttrball Product. This data (if collected at all) is collected either through your use of connected device applications or through diagnostic tools and is used by Guttrball, its affiliates and servicers generally to provide more effective service and maintenance of your Guttrball product, as well as to continue to provide and improve quality products, features and services.
5. Additional Information about the Guttrball Website and Guttrball’s Privacy Practices
By using this Website you accept the general Terms and Conditions for using the Website, which are published either in proximate location to the link for this Notice or if not, then the Terms as provided in the following link shall apply http://www.guttrball.com/terms-and-conditions which incorporate the terms of this Notice by reference. If you do not agree to any of these Terms, you should not use the Website.
Information Communicated via Social Media & Other Similar Third Party Platforms. Any information disclosed via third party communication platforms are outside of the Guttrball Website and subject to the privacy policies of those applicable third parties. Exercise caution before disclosing your personal information via these public venues (whether through public post or via direct messages) all of which you do at your own risk. If you do so, you may receive unsolicited emails or "spam." Guttrball cannot safeguard the privacy of personal information that is disclosed and can be viewed or accessed online in this manner. Personal information you provide to Guttrball via third party communication platforms may be combined with any of your personal information Guttrball may already have subject to this Notice.
Links & Third Party Sites.
We take safeguarding your data seriously. We seek to use reasonable information security measures to help protect your personal information. Unfortunately, even though we take measures to protect your personal information, no data transmission or storage system can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit, and you do at your own risk.
Children's Online Privacy Protection.
The Guttrball Website complies with the Children's Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation protects the privacy of children using the Internet. Guttrball does not knowingly collect contact or personally identifiable information from children under 13. The Guttrball Website is not intended to solicit information of any kind from children under 13, and is designed to block our knowing acceptance of any such information, wherever age related information is requested. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at firstname.lastname@example.org.
6. Utah Privacy Statement
This Privacy Statement notice for UTAH RESIDENTS supplements the information contained in the Guttrball Privacy Statement and applies solely to visitors, users, and others who reside in the State of Utah (“consumers” or “you”). We adopt this notice to comply with the Utah Consumer Privacy Act (S.B. 200) and other Utah privacy laws. Any terms defined in the S.B. 200 have the same meaning when used in this notice. Other states may continue to adopt privacy laws that may apply to consumers.
Information We Collect.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). More details on collected information can be found here (printer friendly version).
Sources of Personal Information.
We collect personal information from various sources:
Directly or indirectly from you through interactions with our products or services including our websites, applications, form submissions, or interactions with our advertisers
Social network information
Publicly available databases
Third party business partners such as marketing partners
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information that may be excluded from the S.B. 200 scope, such as:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Utah Code section 78B-5-618 (Patient access to medical records – Third party access to medical records), or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or any Utah Code(s) relating to the privacy of financial information.
Use of Personal Information We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason for which the information is provided. For example, using email addresses, physical addresses, or phone numbers to process and verify warranty information.
To provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the S.B. 200.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information We may disclose your personal information to a third party for our business purposes. When we disclose personal information for our business purposes, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We may disclose your personal information for our business purposes to the following categories of third parties:
Our parent entity, subsidiaries and affiliates.
Service providers and contractors.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
The Utah Consumer Privacy Act - S.B. 200 (Utah residents) with specific rights regarding their personal information. This section describes examples of your rights and explains how to exercise those rights. Full information regarding collected information and your rights can be found here (printer friendly version).
Access to Specific Information and Data Portability Rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Any categories of personal information we collected about you.
Any categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
Any categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request and Opt-Out Rights.
You have the right to request that we delete or do not “sell” or disclose any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Comply with Guttrball’s ability to make repairs covered under warranty or communicate recalls to consumers.
Exercising Access, Data Portability, Deletion and Opt-Out Rights.
To exercise the access, request not to “sell” or disclose information, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person registered under the Utah lieutenant governor that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access, opt-out, deletion, or data portability twice within a 12-month period.
The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Do Not Track “DNT” Signals.
We have not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals.
Children Privacy Rights We do not disclose Utah Personally Identifiable Information of individuals we know to be under the age of 16 to business or third parties for monetary or other valuable consideration as a “sale” under the S.B. 200 or H.B. 57 without affirmative authorization.
Response Timing and Format.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
Non-Discrimination We will not discriminate against you for exercising any of your S.B. 200 or H.B. 57 rights. Unless permitted by the S.B. 200 or H.B. 57, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under Utah law, please do not hesitate to contact us:
Gutterball LLC, U.S.A.