Ensuring that you understand what personal and other information Kempler USA, LLC. collects about you, how we use and share this information, and the steps you may take to limit this use or sharing, is fundamental to our respect for our customers.

This privacy policy is specific to Kempler USA, LLC. customer operations in the United States, including the kemplerusa.com website. This privacy policy applies to information collected worldwide about applicants for employment, but it does not apply to any other information that we collect in connection with employment matters or about our employees.

As used within the context of this policy, “personal information” means personally identifiable information—such as your name or email address—that is not otherwise publicly available.

Information we collect

In general, we collect personal and other information about you to support your relationship with Kempler & Strauss and to manage our business. We obtain information through various means, including:

  • Forms and requests you submit to us
  • Your communications and dealings with us (including on our websites, at special events, over the phone, on third-party social media sites, and by mail or email)
  • Through the Kempler & Strauss products, services, software and mobile applications that you use
  • From the reviews that you submit about Kempler & Strauss products
  • Website tracking applications (for details see “Online tracking and targeted advertising” below)
  • Mobile and video location analytics technologies deployed in and around our retail stores (for details see “Mobile and video location analytics” below)
  • Employment applications that you submit to us (for details see “Employment application websites” below)
  • Our affiliates and third parties
  • Other sources

The information we collect may include:

  • Name, address, telephone number and email address
  • Billing information, such as credit or debit card number, verification number and expiration date
  • Information about purchases or other transactions with us
  • Technical, location, and usage information
  • Information from your social media account to the extent permitted by your privacy settings, such as location, check-ins, status updates, friends, interests, photos and activities
  • Online browsing information (for details see "Online tracking and targeted advertising" below)
  • Other personal information

We may combine the personal and other information we receive from one source with information we receive from other sources. For example, we may combine personal information collected through our websites with other information that we collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We also may combine your personal information with information that we obtain from third parties. We will treat as personal information any information combined with personal information, and we will protect it in accordance with this Policy.

Online tracking and targeted advertising

In order to make improvements to our websites and your online shopping experience, we automatically receive and record information from your computer (or other device) and your browser, including your IP address and domain name, cookie information (see below), software and hardware attributes (including device IDs), the pages you visit and the videos that you watch on our websites, the files that you download, the URLs from the websites you visit before and after navigating to our website, the date and time of your visit, your general geographic location (e.g., your city, state or metropolitan region), and the terms that you use in searches on our websites. To do this, we use web logs or applications that recognize your computer and gather information about its online activity. We also partner with certain third parties to collect and analyze some of this information (see below). For example, we use both session and persistent “cookies” on our websites. A cookie is a small amount of data, often including an anonymous unique identifier, sent to your browser from a website. If your browser’s preferences are set to accept it, the cookie is stored on your computer’s hard drive. Your browser will permit a website to access the cookies it has sent to you.

Our cookies provide information that makes it easier for you to use our websites. They enable you to make purchases on kemplerusa.com and move uninterrupted between site areas. They collect information about your use of our site during your current session and over time, your computer’s operating system and browser type, your Internet service provider, your domain name and IP address, your general geographic location, the website you visited before our site, and the link you used to leave our site. On certain pages, cookies also enable our websites to remember information about visitors’ language preferences and country of origin.

We also use this information for a number of other purposes, including:

  • To allow you to access your information when you "sign in" to your account
  • To provide you with customized content
  • To remember the last page you visited
  • To keep track of preferences you specify while visiting our websites
  • To conduct general analysis and research
  • To enable the use and administration of certain website features
  • To improve the websites and enhance users’ experiences
  • To identify purchases made in response to our advertising
  • To help target, personalize and deliver online advertising that is tailored to your interests (as discussed further below)

If you are concerned about having cookies on your computer, you can remove them. You can also set your browser to block cookies, or to notify you when you receive a cookie, allowing you to decide whether or not to accept particular cookies.

Please note: To complete a purchase on our websites, you will need to accept cookies sent by our sites.

We may also use an application known as a “web beacon” (also known as a “clear gif” or “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be placed on a web page or in an email to transmit information, which could include personal information. We use web beacons, in conjunction with cookies, for a number of reasons, including:

  • To assist in tracking and analyzing advertising effectiveness, including for email campaigns
  • To verify purchases made on kemplerusa.com
  • To count and recognize site visitors
  • To personalize your experience
  • To conduct general analysis and research
  • To help target, personalize and deliver online advertising that is tailored to your interests (as described below)

We partner with certain third parties to collect and analyze the information discussed above, and to engage in auditing, research or reporting. These third parties may use web logs or web beacons (or other similar tracking technologies), or may set and access cookies or employ other similar mechanisms on your computer or other device.

In addition, third parties or affiliates may administer Kempler & Strauss banner advertising programs and other online marketing on non-Kempler & Strauss websites. To do so, these parties may set and access first-party cookies delivered from a Kempler & Strauss domain, or they may use third-party cookies or other tracking mechanisms. For example, a third-party provider may use the fact that you visited a Kempler & Strauss website to target online ads for Kempler & Strauss services to you on non-Kempler & Strauss websites. Or a third-party ad network might collect information on Kempler & Strauss and other websites to develop a profile of your interests and target advertisements to you based on your online behavior. For information about these behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website or the Digital Advertising Alliance website.

The use of any applications employed by third parties and affiliates is subject to their own privacy policies, not this privacy policy. If you prefer to prevent third parties and affiliates from setting and accessing cookies on your computer, you may set your browser to block cookies (see the links above). And you may opt out of tracking by Google Analytics here, Adobe Analytics here, and Bazaarvoice here. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out here, or of companies participating in the Digital Advertising Alliance program by opting out here. Although our websites currently do not respond to “do not track” browser headers or similar signals, you can limit tracking through these third-party programs and by taking the other steps discussed above.

Children's privacy

Kempleusa.com is a general-audience website. We do not knowingly collect personal information from children under the age of 13.

How we use personal and other information

In general, we use the personal and other information we collect about you to support your relationship with Kempler & Strauss and to manage our business. We use your information for various purposes, including:

  • To complete a purchase or other transaction that you initiate
  • To provide a service you have requested
  • To respond to your request for information and provide you with more effective and efficient customer service
  • To enable the proper operation and servicing of Kempler & Strauss products, software and mobile applications
  • To provide you with product updates and information about products you have purchased from us
  • To customize the advertising and content you see
  • To help us better understand your interests and needs, and to improve your Kempler & Strauss experience
  • To make improvements to our websites, products and services
  • For analysis, marketing research and reports
  • To manage our business
  • To ensure adequate security or address technical issues
  • As permitted or required by applicable law, including to establish or exercise our legal rights or defend against legal claims

We may also use your personal information to contact you by email, postal mail, or phone regarding products, services, promotions, special events and other subjects that we think may be of interest to you. Please see the “privacy preferences” section below if you wish to restrict the use of your personal information for this purpose.

If you request that your Kempler & Strauss purchase be shipped to someone other than yourself (such as a gift recipient), we may also use the recipient’s personal and other information as described above. Like you, these recipients may restrict our use of their personal information for purposes of being contacted by email, postal mail or phone regarding Kempler & Strauss products, services, promotions, special events and other subjects that we believe may be of interest to them. Please see the “privacy preferences” section below. By submitting information about someone other than yourself, you represent that you are entitled to provide us with that person’s information for the purposes identified in this Policy.

Why and how we share information

Kempler & Strauss shares your personal or other information with our subsidiaries, affiliates, service providers and other third parties (including authorized distributors and resellers of Kempler & Strauss products) as follows:

  • To assist us in providing you with services or completing a purchase or other transaction that you initiate
  • To assist us in providing you with efficient and effective customer service
  • To assist us in managing our business and to store, secure, manage and process data on our behalf
  • To perform activities such as research and analysis
  • To assist us in marketing, such as the administration of our promotional email and online advertising programs (see above)
  • With service providers who administer our mobile and video location analytics program, and our employment application websites (see below)
  • To respond to subpoenas, court orders or legal process, or to establish, protect or exercise our legal rights or defend against legal claims
  • When we believe it is reasonably necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, security vulnerabilities, situations involving potential threats to the physical safety of any person, protection of our property or violations of our terms and conditions
  • As permitted or required by applicable law

We may also share your name and contact information with our affiliates and third parties so that they may contact you by email, postal mail, or phone regarding products, services, promotions, special events, or other subjects that we think might appeal to your interests. Please see the “privacy preferences” section below if you wish to restrict the sharing of your personal information for this purpose.

We share de-identified and aggregated information about our customers and website visitors with third parties, including advertisers. This information does not, however, identify you or any other individual.

Certain features of our websites make it possible for you to share comments or feedback directly with Kempler & Strauss or publicly with all other users of the Kempler & Strauss websites. Any information that you submit through such features is not confidential, and Kempler & Strauss may use it for any purpose (including in testimonials or other Kempler & Strauss marketing materials). For example, if you submit a product review on one of our websites, we may display your review (along with your screen name) on other Kempler & Strauss websites and on third-party websites. We may partner with service providers, such as Bazaarvoice, to enable such features. Please see the Kempler & Strauss.com terms and conditions for more details. In addition, any information that you post openly will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages if you disclose personal information. Accordingly, please take care when using these website features.

Our websites also enable you to share personal and other information through websites or online services operated by third parties. For example, the Kempler & Strauss.com website contains links to and plugins for third-party websites that incorporate comment and social media features. If you choose to use these features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Kempler & Strauss is not responsible for the content or practices of those websites or services. Instead, the collection, use and disclosure of your personal and non-personal information will be subject to the privacy policies of the third party websites or services.

Finally, some of our websites integrate third-party plug-ins (such as a Facebook “like” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.

Mobile and video location analytics

Kempler & Strauss uses mobile and video location analytics services provided by our third-party service provider, RetailNext. These location analytics services provide aggregate insights about consumers’ behavior in and around Kempler & Strauss retail stores based on the collection of information from consumers’ Wi-Fi® and Bluetooth-enabled devices and from in-store video cameras. The information discussed below is handled by Kempler & Strauss in accordance with this privacy policy. Information about how RetailNext handles such information can be found in its privacy policy, which can be viewed at http://retailnext.net/policies/privacy-policy.

Smartphone Location Detection. Kempler & Strauss and RetailNext collect MAC addressed from Wi-Fi® and Bluetooth-enabled devices that come into contact with Kempler & Strauss network equipment. This occurs only when a device’s Wi-Fi® or Bluetooth is turned on. The MAC address is a unique identifier assigned to every mobile device; it is not the device’s mobile phone number. Kempler & Strauss does not store the payload of wireless network packets (meaning the data that end users are sending or receiving over a Wi-Fi® or Bluetooth network). Kempler & Strauss logs the MAC address of these broadcasts along with the time, the signal strength and the location of the observing sensor. This information is used to measure things like store occupancy or the ratio of first-time to returning shoppers. Kempler & Strauss does not use this information to identify specific individuals. You may opt out of smartphone location detection services provided by the RetailNext platform by visiting https://privacy.retailnext.net/.

Video Recording and Physical Location Detection

Kempler & Strauss and RetailNext also collect and analyze data from video cameras to determine the paths people take through a physical space and to try to ascertain certain qualities about people, like age or gender. Kempler & Strauss analyzes this information to create anonymous and aggregated reports to be used for internal business purposes, including marketing purposes. For example, reports might contain information such as how many people visited the store, how long they stayed and which parts of the store they visited. This information might be used, for example, to optimize store layouts, reduce wait times at check-out, provide more of the products that most interest shoppers, and understand consumer shopping patterns. Please note that video is usually available for playback by Kempler & Strauss, and in addition to using such video to analyze traffic flow through a store. Kempler & Strauss also uses such videos to investigate theft.

Employment application websites

Kemplerusa.com and many of our international websites contain careers sections that link to websites where you can apply for employment at Kempler & Strauss. These linked employment websites are not hosted by Kempler & Strauss, and instead are administered by Workday, our service provider. These websites collect a variety of personal information, including your contact information and your job qualifications. They also use cookies and other means of collecting non-personal information, but such non-personal data is used only for analytics purposes and to enable you to complete your application. Any information that Kempler & Strauss collects from Workday in connection with the employment websites is handled consistent with this privacy policy. Kempler & Strauss will use and share your personal information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interest, and where sharing is required by law. Please note that any information that you submit will be controlled by Kempler USA, LLC. and may be sent to and processed in the United States, or may be shared for recruitment purposes with other Kempler & Strauss affiliates around the world. These countries may have less stringent data protection laws than the country in which you reside. Kempler & Strauss has entered into an agreement with Workday governing the processing of employment application information, and Workday is permitted to access, use and share your information only as necessary to perform the functions that Kempler & Strauss directs it to perform. That agreement also requires Workday to abide by the terms of the European standard contractual clauses for data processors. If you have any questions about the handling of your employment application data, please contact us through one of the methods described in the “Additional Information” section below.

Privacy preferences

You have choices about our use and sharing of your personal information for marketing purposes. You may, at any time, ask us not to:

  • Use your personal information to contact you by email, postal mail or phone regarding products, services, promotions and special events that might appeal to your interests
  • Share your name and contact information with our affiliates and third parties so that they may contact you by email, postal mail or phone regarding products, services, promotions or special events that might appeal to your interests

You may also have the opportunity to express your privacy preferences when submitting certain information to us, such as during a transaction, on an event registration form or when installing Kempler & Strauss software. In addition, our email marketing communications always include a method for you to unsubscribe from our email list.

Please note that, regardless of your request, we may still use and share certain information as permitted or required by applicable law.

Security

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we employ physical, technical and administrative measures to safeguard the information we collect. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information.

Special note for California residents

California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes.The address for requesting this information is:

Kempler USA, LLC. ATTN: Online Commerce Group 9265 Activity Rd., Suite 112 San Diego, CA 92126

However, because our privacy policy gives you a choice of opting out of having your personal information disclosed to third parties for their direct marketing purposes, we may instead provide you with information on how to exercise your opt-out preferences. Please see Privacy preferences above if you wish to learn more about restricting the sharing of your personal information with third parties for their direct marketing purposes.

Special note for individuals outside the United States

The personal and other information that is subject to this policy (including the information collected on Kempler & Strauss.com from visitors outside the United States) is collected and controlled by Kempler USA, LLC. in the United States. Kempler USA, LLC. principal office is located at 9265 Activity Rd., Suite 112, San Diego, CA, 92126. You agree that your information will be processed in the United States for the purposes described herein. As described above, Kempler & Strauss also may subcontract the processing of your data to, or otherwise share your data with, Kempler & Strauss subsidiaries, authorized distributors and resellers of Kempler & Strauss products, trusted service providers, and trusted business partners in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. You expressly consent to such transfer and processing.

Additional information

The above privacy policy is specific to Kempler USA, LLC. operations in the United States (with the specific exclusions discussed above). This policy is governed under Massachusetts law notwithstanding any principles of conflicts of law. We reserve the right to amend this policy at any time. We will post all changes to this policy on this website, so you should review the policy periodically. Any such amendments to this policy may apply to information we collect in the future as well as any information we obtained prior to such amendment. If we make a material change to this policy, we will provide appropriate notice as required by law.

You may have a right under applicable law to access, amend and/or request deletion of information that we collect about you. To inquire about such rights, or if you have any questions or concerns about this policy, please send us an email at:

mcalderon@kemplerusa.com

You may also contact us at (858) 427-1450.

Or send a letter to:

Kempler USA, LLC.

C/O Online Commerce Group

San Diego, CA 92126

Effective date: December 4, 2017