PRIVACY STATEMENT

This Privacy Policy was last modified and is effective as of March 31, 2022.

This privacy policy (“Privacy Policy”) describes how Benjamin Moore & Co (“Benjamin Moore,” “we,” “us,” or “our”) handles certain Personal Information (as defined below) that we collect from you through any of our websites or apps (collectively, “Sites”) which provide an authorized link to this Privacy Policy, as well as how to exercise your rights or contact us with questions or concerns regarding the same.

A. Changes to Privacy Policy
We reserve the right, in our sole discretion, to modify, add or delete provisions of this Privacy Policy at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting; provided that we will provide you with notice of material changes to this Privacy Policy as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. You should come back to the Site and review this Privacy Policy regularly so that you remain aware of the terms and conditions that apply to you.

B. Cookies
When you access or visit our Sites, we and our Operational Service Providers (as defined below) often use technology that can recognize, collect and/or transmit information that is associated with you. Although the term "cookie" specifically refers to a small file that is stored on a user's computer or other device for record-keeping purposes, for the purposes of this Privacy Policy, we will use the term "cookie" to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our Sites. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our Websites (e.g., so-called 'clickstream' data) and other technological attributes about your visit to the Websites. This information is used to analyze trends, administer our Sites, track user movements on the Sites and elsewhere on the Internet, gather aggregate demographic information about visitors so we can continually improve our Sites, and for advertising purposes.

Cookies also allow our Sites to recognize your computer or device each time it is used to visit a particular Site, and can keep count of how often you return to such Site. Cookies can also track how you use our Sites, and your preferences for features and functions. For our Sites that have registration or similar features, cookies can also store information such as your user name and password so you don't have to re-enter them each time you return to visit.

You can disable or turn certain cookie features off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting certain cookies. You can also change your cookie settings via our Cookie Settings page. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of the Sites and it may also require you to re-enter certain information each time you visit or attempt to use the Sites.

C. Personal Information Collected
The term "Personal Information" refers to any information you provide in connection with your use of any of our Sites and from which, alone or in combination with other information, you can be identified. Personal Information may include such things as your name, street address, telephone number, date of birth, e-mail address and any other information which might reasonably be used to identify you. We obtain Personal Information from you when you submit it to us or provide it on one or more of our Sites that require it in order to allow you to register, subscribe or take advantage of certain features, functions, services, activities, promotions and content on our Sites ("Content"). You may also email us with a question or for more information and we will use your contact information (which includes Personal Information such as an email address) to help respond and for customer service purposes. We also may obtain Personal Information from third parties, for example, when somebody mentions Benjamin Moore on social media, we may collect other information they have made public for insight into their social interactions with our brand. Please note that you may not be able to fully use our Sites, or Content, if you choose not to provide your Personal Information when requested.

D. Advertisers, Co-sponsors and Links
Our Sites may contain or display information from (or permit the collection of information by) third party co-sponsors, advertisers, retailers, distributors, or others (each, a "Third Party Advertisers") ") that offer to make information, goods or services available, provide opportunities to participate in promotions or otherwise engage in activities that link or redirect your browser to other websites, materials or organizations. For example, we may permit Third Party Advertisers to display or serve advertising on our Sites. We and certain Third Party Advertisers may use first-party cookies and third-party cookies together, and other automated technologies, and in some cases additional information to (i) inform, optimize, and serve ads based on past visits to our Sites or other factors and (ii) to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Sites or other factors. For example, our Sites may use cookie-related services provided by Google (such as Google Analytics Demographics and Interest Reporting, Remarketing with Google Analytics, and Google Display Network Impression Reporting). You may visit the Network Advertising Initiative's Consumer Opt-Out page or the Digital Advertising Alliance's Consumer Choice page to opt out of receiving tailored advertising based on your Internet browsing activities from companies that participate in those programs, or you may change your cookie consent preferences via our Cookie Settings page You should be aware that even if you encounter an advertisement, link or reference to a Third Party Advertiser’s website on one of our Sites and even if we have a relationship with the Third Party Advertiser, we do not control them, their websites or their policies and practices regarding use of their websites or any rules they have regarding the use of cookies or collection, use or disclosure of your information (including Personal Information). These are within their control and not ours and the terms and conditions, as well as the privacy policies that apply to these Third Party Advertisers and their websites are their responsibility, not ours.

E. Disclosure to Third Parties
We may also share Personal Information we collect with our service providers (“Operational Service Providers”) who perform services on our behalf including for the purpose of delivering advertising, marketing, administering, operating, configuring site design, maintaining and providing internal support for our Sites and Content on the Sites or performing other services for us or on our behalf. Note that any supplemental privacy policy that applies to your use of a particular Site may contain additional detail regarding disclosure practices specific to that Site, beyond what is described below. We request that our Operational Service Providers protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Sites, nor are they permitted to use your Personal Information for their own marketing, promotional, or other purposes. We may share Personal Information with other third parties involved in your transaction, such as relevant retailers and distributors, solely to the extent necessary to fulfil your transaction with us.

We may also make your Personal Information available to other third parties:

  • if required by a governmental agency, law, regulation, a court or other legal process;
  • if we believe you are violating, or haave or may violate, any law, regulation, or our Terms and Conditions;
  • if we believe you are or may be a threat to the safety, property, interests or rights of Benjamin Moore or others;
  • in order to investigate, respond to or resolve problems or inquiries or defend our interests; and
  • in the event of a merger, acquisition, change of control, joint venture or other business combination.

F. How Your Information Is Used
We may use your Personal Information for a number of business purposes, including: (a) for the specific purpose for which it was submitted (e.g., to receive communications by e-mail); (b) to improve the Content, appearance and utility of our Sites and to tailor your experience on our Sites; (c) to trace our visitors' use of our Sites, (d) for research purposes; (e) to monitor compliance with our Terms and Conditions and otherwise protect our rights and property; (f) for marketing and other communications; and (g) for any other purpose described in this Privacy Policy or in any other supplemental privacy policy or notice applicable to the relevant Sites.

G. Security
We maintain a reasonable standard of security and confidentiality and try to limit information access to individuals who need to have such access to perform their responsibilities associated with our Sites. The Internet, however, and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Sites. By using our Sites you are agreeing to assume this risk and any and all responsibility and liability that may arise.

H. Your Rights Regarding Personal Information
In addition to any terms, conditions or rights that are described in any supplemental privacy policy applicable to particular Sites, you may request that we: (a) provide a copy of, correct, or update your Personal Information; (b) limit our sharing of your Personal Information with certain third parties; (c) delete your Personal Information; or (d) opt you out of various forms of direct marketing. Although we may provide you with the ability to update or delete Personal Information directly online, some Personal Information may not be changed or deleted by you and requires you to contact Benjamin Moore for verification (e.g., birth date, email address, name). If you would like to exercise any of these rights please contact us using the information below.

You may designate an authorized agent to make a request on your behalf pursuant to applicable law. If you do this, your authorized agent must provide proof of your designation in the form of a valid power of attorney and/or a notarized statement. This is in addition to the information we need you to provide for us to verify you as an individual consumer or household.

You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails or texts that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.

I. Minors
We do not knowingly solicit Personal Information from or market to children under 13 years of age. If we learn that Personal Information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.

J. International Transfers
If you are using the Sites from outside the United States, please be aware that your Personal Information will be transferred to, stored, and processed in the United States. Although we take steps to provide adequate safeguards, the data protection laws of the United States might not be as comprehensive as those in your country. We endeavor to apply suitable safeguards to protect the privacy and security of Personal Information transferred to us in the United States, and to use it only in a manner consistent with your relationship with us and the practices described in this Privacy Policy.

K. Retention
We retain your Personal Information only for so long as is necessary to fulfill the purposes for which your Personal Information was collected, unless a longer retention period is permitted or required by applicable law.

I. Do Not Track
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

M. Additional Notice for California Residents
The state of California provides its residents with certain rights concerning their Personal Information. This section describes those rights, and how California residents may exercise them.

1. Categories of Personal Information Subject to California Privacy Rights

We have collected the following categories of Personal Information within the preceding 12 months:

  • Identifiers (for example, name, email address, and IP address);
  • Phone number;
  • Payment information (for example, the credit card number processed on our behalf by a payment processor);
  • Commercial information;
  • Internet or other electronic network activity information, including information on your usage of our Service (“Usage Information”);
  • Geolocation data; and
  • Inferences drawn from any information identified above to create a profile.

We share each of these categories of Personal Information with our Operational Service Providers, and other third parties as directed by you, to the extent necessary for our business and operational purposes and as otherwise described in this Privacy Policy.

Additionally, within the past 12 months, certain online advertisers may have used and disclosed Usage Information collected automatically from our Sites. This may be considered a “sale” as broadly defined under the CCPA. Therefore, we provide you the right to opt out of this “sale” of Personal Information as described, below.

2. Your California Privacy Rights

In accordance with California law, California consumers may, either directly or via their authorized agent, exercise the following rights with respect to their Personal Information:

Privacy Right

Description

Access

You have the right to request the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for Personal Information.

Data Portability

You may have the right to receive the Personal Information you have previously provided to us.

Erasure

You may have a right to request to have your Personal Information deleted from our systems and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law; (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Opt Out

You may have a right to opt-out of certain disclosures of Personal Information to third parties, if such disclosures constitute a “sale” under California law. As noted above, in the past twelve (12) months we enabled advertisers to collect certain information from the Sites, which the advertisers may use to improve their interest-based advertising networks. Regardless of whether this is a “sale,” you may opt-out of interest-based advertising as described in the “Cookies” section above.

 

To exercise your rights listed above, please complete the Privacy Web Form.  Alternatively, you may send (or have your authorized agent send) an email to info@benjaminmoore.com or call us toll-free at: 1-855-724-6802. While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:

Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the Personal Information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer’s behalf;

Help Us Verify Your Identity: Provide us with information to verify your identify. For example, provide us (at a minimum) your phone number or email address. If your phone number or email address appears in our records, we may contact you to help confirm that you are making the request. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification. If you designate an authorized agent to make a request on your behalf, we will also require proof of your designation in the form of a valid power of attorney or notarized statement.

Direct Our Response Delivery: Please provide us with an e-mail or mailing address through which we can provide our response. If you make the request by email, unless otherwise requested, we will assume that we can respond to the email address from which you made the request.

3. Notice of Financial Incentive.

We may offer price discounts, coupons, services and other perks as part of our reward programs or loyalty schemes (collectively, “Offers”). To participate in these Offers, you may be asked to provide us with some Personal Information, such as name, address, email address, and phone number. The details of each Offer are described in the materials outlining that specific Offer.

While we do not assign a monetary value to the Personal Information that we collect, based on our reasonable estimate, the value received from the insights and the Offers is reasonably equal to or greater than the value we receive from the use of this Personal Information. We provide these Offers, among other things, to enhance our relationship with you and to gain insights and feedback about your use of our products and services in order to improve such products and services.

The value to our business of any individual consumer’s Personal Information is dependent on a number of factors, including: (1) the expenses associated with the Offer, including the provision or imposition of any financial incentive or price or service differences, such as our intellectual property, data analytics, and marketing operations; (2) the expenses related to the collection, retention and enhancement of such Personal Information; and (3) all other expenses reasonably related to the applicable Offer. We make the preceding good faith estimate only for California residents and for the limited purpose of complying with the CCPA.

There is no obligation to participate in our Offers, and you may opt out at any time by contacting us using the information above.

 

M. European Union (EU) Residents
If you are in the EU or the UK, please see our GDPR Privacy Notice privacy notice for information about how your personal data is processed under EU or UK law.

 

Contact Us

If you have any questions about this Privacy Policy, please complete our Privacy Web Form, or email us at info@benjaminmoore.com. You can also call us toll-free at 1-855-724-6802, or write to us via postal mail at:

Privacy Administrator
Benjamin Moore & Co.
101 Paragon Drive
Montvale, NJ 07645