Last Updated: July 12, 2019
Breville USA, Inc.
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:
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.
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.
Information Collected by Cookies and Other Tracking Technologies:
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.
Sharing of Information
· 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;
· 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
Advertising and Analytics Services Provided by Others
We also work with third-party social platforms, such as Facebook, to serve ads to you as part of a customized campaign.
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]
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.
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.
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
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.
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
(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
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.
Breville USA, Inc.
Att: Data Protection Officer /Legal Department
19400 S Western Ave.
Torrance, CA 90501, USA