Privacy Policy

Breville USA

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Last Updated: July 12, 2019

Breville USA, Inc.

ECOMMERCE WEBSITE PRIVACY POLICY

 

This Privacy Policy explains how information about you is collected, used and disclosed by Breville USA, Inc. (“Breville,” “we,” or “us”) when you access or use our website and mobile applications, our connected cooking products such as the Joule, and our other products and services (collectively, the “Services”), or when you otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice such as adding a statement to our homepage or sending you a notification through our Services. We encourage you to review the Privacy Policy whenever you access our Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

Collection of Information

Information You Provide to Us

We collect information that you provide directly to us. For example, we collect information when you create an account, make a purchase, enroll in our classes, participate in the interactive areas of our Services, communicate with us via third-party social media sites, participate in our contests,  marketing campaigns, sweepstakes and surveys, request customer support, or otherwise communicate with us. The types of information we collect may include:

·       First and last name

·       Your postal address(es) for billing and shipping

·       Your telephone number

·       Your email address

·       Financial data (e.g., credit or debit card number)

·       Purchase information, including lifestyle and food preferences, and grocery lists

·       Personal details (e.g., date of birth, gender)

·       Your IP address

·       Photographs, social media usernames

·       Feedback and reviews of Breville’s products

and any other information you choose to provide.

Information We Collect Automatically

When you access or use our Services, we automatically collect information about you and associate it with information that you provide directly to us. For example, we may collect:

Transaction Information: When you make a purchase or a return, we collect information about the transaction, such as the class or product details, the transaction amount and the date of the purchase/return. Note that we do not collect or store payment card information, such as credit card numbers. For more information about how that information is collected, processed and stored, please refer to our payment processor’s privacy policy and terms.

Website Log Information: We log information about your use of our website, such as your computer’s operating system, the type of browser you use, access times, pages viewed, your IP address and the web page that referred you to our site.

Information Collected in Connection with Your Use of Joule: When you first pair your Joule to our mobile application, Joule will automatically link to your Breville account. For information about de-linking your Joule from your Breville account, please see “Your Choices” below. When you connect Joule to a Wi-Fi network, we collect information about the network (such as name and connection strength). We collect information about your use of Joule, including what and how you cook, as well as your cooking and recipe preferences. We also collect data from Joule’s sensors and components, such as total motor revolutions, atmospheric pressure, and bath temperature. Some technical and usage information is also saved on Joule. Please see “Use of Information” below to understand how we use this data.

Device Information: When you access or use our mobile sites or apps, we collect information about the mobile phone, tablet or other device you are using, including the hardware model, operating system and version, device identifiers, mobile network information and information about your use of our Services. When you connect the Joule to our mobile app via Wi-Fi, we also collect information about the devices that you use to control Joule.

Location Information: With your consent, we collect information about your location when you access or use one of our mobile applications, such as to enable the mobile application to communicate with your Joule. For more details about the collection of location information and the choices you have, please see “Your Choices” below.

Using pixel tags and other similar technologies: We also use pixel tags (also known as web beacons and clear GIFs) – tiny graphic images – to tell us what parts of our website you have visited or to measure the effectiveness of any searches you may do on our website. Pixel tags also enable us to sent your email in a format you can read and let us know when you have opened an email message from us. Some of our third-party vendors may also use cookies or other online tools including pixel tags on our website. Pixels and cookies may also collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.

We may contract with third-party advertising companies to serve ads on our behalf across the internet. To do this, they will collect information about your visits to our website and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements. These targeted advertisements may appear on other sites that you visit. This information is collected using a cookie or pixel tag – industry standard technology used by most websites.

By aggregating information: We may combine personal information with information about your online and in-store transactions and other interactions with us, including your purchases. We may also combine your personal information with information we receive from other sources, such as joint marketing partners, public databases, publicly available pages on social media platforms and other third parties. We use this information for market research purposes and to improve the quality of the Services we offer. We reserve the right to disclose aggregated, anonymous data we have collected to third parties for any purpose.

Your Social Sharing: if you choose to engage in social sharing, such as by connecting your social media account to your customer account or by logging into your customer account from your social media account, the social media site may share information with us about your use of their services, including profile information, information about your contacts and content you have viewed or liked. Please refer to the social media site’s privacy settings to control how your information is shared. If you submit any personal information relating to other people to us or to our service providers, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Information Collected by Cookies and Other Tracking Technologies:

We and our service providers use various technologies, including cookies and web beacons, to collect information about you when you interact with our Services or emails, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve our website and your experience, see which areas and features of our website are popular, and count visits. Web beacons are electronic images that we use on our website and in our emails that help us deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see our Cookie Policy and visit www.aboutcookies.org.

Information We Collect From Other Sources

We may receive information about you from other sources and link or combine that with information we collect about you. For example, if you create or log into your Breville account through a social media site or if you associate your social media account with your Breville account, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site.

Use of Information

We use information about you for various purposes related to the Services we are providing to you, including to:

 ·      Provide and deliver the Services you request, process transactions (such as shipping products and out-of-stock notices), and send you related information, including confirmations and receipts;

·       Maintain, protect and improve our Services (for example, we use Joule diagnostic data to help us understand how Joule is used and check that components are performing to specification);

·       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, services, classes, recipes, offers, promotions, events and other news and information we think will be of interest to you (for information about opting out of these communications, see “Your Choices” below);

·       Monitor and analyze trends, usage and activities in connection with our Services;

·       Detect, investigate and prevent fraudulent transactions and other illegal activities, and protect the rights, property and safety of Breville, its affiliates, you and others;

·       Personalize and improve our Services and provide tailored advertisements, content or features to you (for example, information about your use of Joule is used to send you personalized recipe recommendations);

·       To upload and post your feedbacks and reviews (including your photos and social media usernames);

·       Facilitate contests, sweepstakes and promotions, and process and deliver entries and rewards;

·       Trouble Shooting and Helpdesk functions and

·       Link or combine with information we get from others to help understand your needs and provide you with better service.

·       To enforce our Terms of Use (https://www.brevilleusa.com/pages/terms-of-use) or other legal rights.

 

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy, including in the following circumstances:

·       With Breville’s parent company, Breville Pty. Ltd in Australia, with our third-party vendors, consultants and other service providers who need access to such information to carry out work on our behalf, for instance for shipping products to you, process and administer your payments, sweepstakes/contests or trouble shooting as well as such services as website hosting, data analysis, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services;

·       When you purchase third-party products through us, we share information with the suppliers of such products in order to fulfill your order;

·       If you connect third-party devices and services to your Breville account or our Services, such as when you choose to interface Joule or our mobile application with Amazon Alexa, your information will be shared with such third parties per your direction and with your consent - see terms and conditions of the User Agreement for User-Generated Content Submissions (https://www.brevilleusa.com/pages/terms-of-use);

·       When you sign up for and participate in the interactive areas of our Services, certain information about you will be displayed publicly, such as your name, photos, recipes, and any other information you choose to provide;

·       In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process, safeguarding our legal rights or enforcing our terms of use;

·       If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Breville or others;

·       In connection with, or during negotiations of, any merger, joint venture, sale of company assets, financing or acquisition of all or a portion of our business by another company, including in bankruptcy or similar proceedings;

·       To respond to requests from public and government authorities, including public and government authorities outside your country of residence, or

·       With your consent or at your instruction.

We may also share aggregated or fully de-identified information with third parties.

 

 

Social Sharing Features

Our Services offer social sharing features and other integrated tools (such as the Facebook “Like” button). Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. By connecting your customer account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.

Advertising and Analytics Services Provided by Others

We allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information is used by Breville 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 Services 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, if you are in the European Union, you may visit http://www.youronlinechoices.eu/.  

We also work with third-party social platforms, such as Facebook, to serve ads to you as part of a customized campaign.

Your Choices

Account Information

You have the ability to access information we hold about you and to update, correct or erase ( the extent allowed by applicable law) your account information at any time by logging into your Breville account. Alternatively, you may contact us at [email protected] and request information we have about you or request that we update, correct, erase (to the extent allowed by applicable law) or not to sell (if you reside in California) information that we have about you, but note that we may require you to provide additional information to confirm your identity. You may also have the right under applicable data protection law to oppose the processing of your information for legitimate purposes, limit the use and disclosure of your information and revoke the consent you have provided for its processing. If you want to exercise any of these rights, please contact us at [email protected]

 

Joule

Once your Joule is paired with your Breville account, you can de-link it at any time by disconnecting it via the settings on your mobile phone or tablet. Note, however, that Joule must be paired with a Breville account in order to work properly, so if your Joule has been de-linked from an account, you will need to set it up using a new account in order to enjoy its features.

Location Information

When you first launch some of our mobile applications, access certain features in those mobile applications, or visit one of the pages on our website that collects location information, you may be asked to consent to the collection of location information in order to enable certain features. If you initially consent to our collection of location information, you can later stop this collection by changing the settings on your device. If you do so, certain features of our Services will no longer function.

Promotional Communications from Breville

You may opt out of receiving promotional communications from us (Breville USA Inc. or our parent company Breville Pty. Ltd.  (Australia)) at any time by following the instructions in those communications. Even if you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we will send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving these messages at any time by changing the notification settings on your mobile device.

Do Not Track

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org. At this time, Breville does not respond to Do Not Track browser settings or signals. In addition, Breville may use other technology that is standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to Breville’s website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it, or for other legitimate business purposes, including to meet our legal, regulatory, tax, bookkeeping or other compliance obligations.

 

Additional Privacy Data Protection Notice for Users Individuals in the EEA

If you are in the European Economic Area (“EEA”), you have certain rights and protections under the EU General Data Protection Regulation (“GDPR”) and applicable national data protection law regarding the processing of your personal data.

IMPORTANT: Data Processing in the United States

Your personal data will be processed in the United States. Breville’s parent company, Breville Pty. Ltd. in Australia may also access your personal data for IT and marketing purposes only. United States and Australia may not provide the same level of data protection and the same data protection safeguards as a country in the EEA. For instance, there is no national data protection agency in the United States and no federal data protection laws with generally applicable data protection principles and data subjects rights as in the EEA. By sending us your information from the EEA, you acknowledge that you are aware of these risks for your personal data. We are contentious about mitigating any data protection risks for your personal data transferred to the United States and will continue to honor your rights under the GDPR, as further described below. We provide an adequate level of data protection worldwide by this Privacy Policy and through various security measures we have in place to protect your personal data. 

Legal Basis for Processing

1.     If you are already a ChefSteps customer and you already sent personal data to ChefSteps, not much will change for your data protection. ChefSteps has legally received your personal data under the EU-US/Swiss-US Privacy Shield (cf. its current Privacy Shield registration with the US Department of Commerce at https://www.privacyshield.gov/participant?id=a2zt0000000TQSmAAO&status=Active). Breville will be the new data controller for these data sets and will provide an adequate level of data protection. Breville may share these data sets with its parent company, Breville Pty. Ltd. in Australia, for IT and marketing purposes as described in this Policy. Both companies will be bound by a so-called Onward Transfer Agreement as foreseen by Section 3 (a) of the Privacy Shield Principles (available at https://www.privacyshield.gov/servlet/servlet.FileDownload?file=015t00000004qAg ).

 

2.     Your personal data that Breville will receive via its EU-based subsidiaries will be protected by EU Standard Contractual Clauses (EU Model Clauses) between the relevant companies (Art. 46 (1) (d) GDPR).

 

3.     The transfer of the new personal data to Breville, e.g. through any the websites will be based on Art. 49 GDPR. In particular, the transfer of your personal data (name, email address, phone number, billing address, shipping address, information you store on our services, your IP address) is necessary for the performance of the contract between you and Breville or for the implementation of pre-contractual measures taken at the data subject’s request - Art. 49 (1) (b) GDPR.

 

4.     For your photographs, forum contributions, personal recipes etc. or social media contacts that you send us to post them on our websites, Breville will rely on Art. 49 (1) 2nd sentence GDPR as the legal basis. This provision states that under a number of specific, expressly enumerated conditions, personal data can be transferred to the United States if it is necessary for the purposes of compelling legitimate interests pursued by the data exporter (the individual). Breville has performed a “legitimate interest” analysis. In particular, Breville has considered that individuals have an interest in knowing about new products and services as the ones they have ordered. We have also considered that you may send us photographs and social media contacts with the specific purpose to upload them so that they may be visible worldwide.

 

5.     Breville always provides the opportunity for you as a customer in Breville’s marketing emails to “opt out” at any time as further described in this Policy (“Promotional Communications”). Breville will monitor the developments on the new EU ePrivacy Regulation and will change/update this Privacy Policy if required. In case that you are not an existing customer, you can also subscribe to Breville’s marketing emails through our websites, but in order to protect your identity Breville will require your prior explicit consent in this case through a so-called “double-opt-in.” This means that once you confirm to Breville that you want to receive this information, Breville or Breville Pty. Ltd. (Australia) will send you an email to confirm your marketing choices to ensure that this consent comes from you. You will have the opportunity to “opt out” in this case at any time, as described above. Your explicit consent in this case will be the legal basis for processing your personal data in the United States or Australia pursuant to Art. 49 (1) (a) GDPR.

 

Once the EU personal data are in the United States or Australia, we process your personal data in the following situations:

·       When we need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the products or services you have requested);

·       When we have a legitimate interest in processing your personal data. For example, we process your personal data to communicate with you about changes to our Services, and to provide, secure, and improve our Services;

·       When the processing is necessary for us to fulfill a legal obligation; or

·       When we have your consent to do so.

EU Data Subject Requests

You have the right to access personal data we hold about you and to ask that your personal data be corrected, erased (to the extent allowed by applicable law), or transferred. You also have the right to object to, or request that we restrict certain processing. If our processing of your personal data is based on your consent, you have the right to withdraw your consent for future processing at any time. If you would like to exercise any of these rights, you can log into your account and edit certain account information or contact us at [email protected].

 

The EU’s GDPR requires that personal data from the EU/EEA must be especially protected. In addition, all EU-based individuals, irrespective of their nationality (“data subjects”) have certain individual rights under the GDPR, such as:

 

1. The right to be informed about the collection and use of their personal data.

2. The right of access to find out that is stored about them.

3. The right to rectification of their personal data if it is inaccurate or incomplete.

4. The right to erasure to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing.

5. The right to restrict processing to ‘block’ or suppress processing of personal data.

6. The right to data portability allowing individuals to obtain and reuse their personal data for their own purposes across different services.

7. The right to object to the processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing and/or for purposes of scientific/historical research and statistics.

8. Various rights in relation to automated decision making (making a decision solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual).

If you would like to exercise any of these rights, you can log into your account and edit certain account information or contact us as described below.

 

Disclosures under Art. 13 and 14 GDPR

 

(a) The identity and the contact details of the controller(s)

Breville USA Inc., 19400 S Western Ave., Torrance, CA 90501 in the EU/EEA represented by Sage Appliances GmbH, Campus Fichtenhain 48, D 47807 Krefeld, Germany

Telephone: +49 (0) 2151 38737 01

(b) Contact details of the data protection officer

Data Protection Officer email: [email protected]breville.com; Barbara Dirsa at Sage Appliances GmbH, Campus Fichtenhain 48, D 47807 Krefeld, Germany

(c) Purposes of the processing of the personal data 

To provide service with respect to your connected appliance, to respond to your requests, to market Breville’s products and services, to fulfill and process your requests for payment, for developing new products, to notify you of changes to service, fraud prevention, postings etc. See section “Use of Information” in the posted Privacy Policy. 

(d) The recipients or categories of recipients of the personal data

Employees of Breville who respond to inquiries as well as external service providers who need to know the data for purposes of providing the products and services you have requested.

(e) Storage Limitations

The personal data will be stored by Breville for a period necessary for the purposes listed under (c) above,  unless applicable law mandates a longer storage (e.g. 4 years for tax records in the US), up to a potential maximum of 10 years subject to relevant exceptions.

(f)  Access/Rectification/ Erasure Requests

The data subject has the right at any time to request access to and rectification or erasure of personal data held by Breville or restriction of processing concerning the individual or to object to processing as well as the right to data portability. In these cases, please send an email request to Breville’s Data Protection Officer listed under (b).

(g) Withdrawal of Consent

The data subject has right to withdraw his/her consent at any time, without affecting the lawfulness of processing based on consent before the withdrawal, by sending an email to the Data Protection Officer listed under (b).

(h) Complaints with the Supervisory Authorities

The data subject has the right to lodge a complaint with his/her data protection authority against the data processing.

(i) Legal Basis for processing

The data subject provides his/her personal data to Breville (such as name and contact information) so that Breville can provide requested services, process the payment or respond to the inquiry (Art. 6 (1) (b) GDPR.  In all other cases, the processing is necessary for the purposes of legitimate interests pursued by Breville, as balanced against the interests and fundamental rights and freedoms of the EU customer which require protection of personal data (Art. 6 (1) (f) GDPR). A legitimate interest is, in particular, the continued need of Breville to serve the EU customers of ChefSteps with products and services.

(j) No automated decision making or profiling

Breville does not use the personal data of the data subject for automated decision-making, including profiling.

(k) Further processing

In the event Breville intends to further process the personal data for a purpose other than that for which the personal data was collected, Breville will provide the data subject, prior to that further processing, with information on that other purpose and any further relevant information, provided that the data subject does not already possess such information.

 

Questions or Complaints by EU Data Subjects

If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. If you are in the EEA and want to find contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

USE OF SERVICES BY MINORS

Breville is committed to complying with all applicable laws and regulations regarding the collection, storage and use of personal information of Minors under the age of 16.

Except as noted below: (i) our products and services are marketed for and directed towards purchase by adults or with the consent of adults; (ii) individuals under the age of 16 ("Minors") are not permitted to use the Services without the supervision of a parent or legal guardian; (iii) we do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such persons to register for an online account or to post personal information on the Services; and (iv) should we learn that someone under the age of 16 has provided any personal information to or on any of the Services, we will remove that information as soon as possible.

If you are a parent or guardian who believes that your Minor under the age of 16 has submitted personal information or other information to us without your consent, please contact us at [email protected]. Once we verify that you are the parent or legal guardian, at your request, we will promptly provide to you information regarding what, if any, personal information we have collected about your child and how it has been used or shared. We will, at your request, remove personal information about your child from the database and instruct our affiliates and third party partners to do the same.

If you are a Minor under the age of 16, you may request and obtain removal of certain content or information posted on the Services by sending an email to [email protected]with “Privacy Rights for Minors” in the subject line. Please be advised that our removal of your post(s) does not ensure complete or comprehensive removal of the content or information you have posted on the Services.

Your California Privacy Rights

California Consumer Privacy Act (CCPA) will be operative on 1 January 2020. Under CCPA, residents in California have the right to know what personal data are being collected about them, access their persona data held by a business, request portability of their personal data, erase their persona data held by a business if certain grounds apply, whether their personal data are sold or disclosed and to whom, and prohibit the sale of their persona data to third parties.  addition, To make such a request, please write to us at the following address:

Breville - California Privacy Rights
Legal Department
19400 S Western Ave.

Torrance, CA 90501, USA

Or contact us at +1.866.273.8455

Or email us at [email protected]

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

Contact Us

If you have any questions or comments about this Privacy Policy, please contact us at [email protected] or in writing to:

Breville USA, Inc.

Att: Data Protection Officer /Legal Department

19400 S Western Ave.

Torrance, CA 90501, USA