Privacy Policy

Effective April 19, 2022
 By sharing the Privacy Policy for Berton Outdoor Furniture, www.bertonoutdoor.com, and Berton collectively, the “Company”, “we” or “us”), we hope to help you understand how information can create new opportunities for you, our customer, as well as to reassure you that we respect and honor customer requests to restrict and protect personal information. If you reside in California, please see Notice to California Residents/Your California Privacy Rights. If you reside in Nevada, please see Notice to Nevada Residents/Your Nevada Privacy Rights. If you reside in the EU, please see Notice to EU Residents. These sections provide information regarding the rights afforded to individuals residing in these jurisdictions under applicable law.

• Information We Collect
• Social Media
• Cookies and Other Tracking Technologies
• How We Use Your Information
• How We Share Your Information
• Browser Do Not Track & Global Privacy Control
• Your Information Sharing Choices
• How long do we keep your information?
• Notice to California Residents/Your California Privacy Rights
• Notice to Nevada Residents/Your Nevada Privacy Rights
• Notice to EU Residents
• Protecting Children's Privacy
• Be Careful When You Share Information with Others
• Links to Sites and services
• Information Security
• Your Responsibilities
• A Privacy Promise
• Processing in the United States
• Dispute resolution, Arbitration Agreement & Waiver of Certain Rights
• Privacy Policy Updates
• Questions?

Information We Collect
Information you provide to us:
When you use our services:
When you make a purchase in one of our stores or on bertonoutdoor.com or our mobile apps (collectively, “Websites”) or otherwise, create an account, join our Gift Registry, participate in sweepstakes, contest or any other promotion, post a product review, engage with us on our social media platforms, apply for our credit card, participate in one of our surveys, send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you provide us with personal information, such as your name, email address, mailing address, ZIP code, phone number, and credit card numbers. This allows us to provide you with our online and in-store retail and design services, process your transactions more efficiently, offer you promotions, contests and other opportunities and, ultimately, give you a higher caliber of customer service (together the “Services”). If you choose not to provide the requested information we may not be able to provide you with the Services, or certain features of the Services may not be functional.

When you apply for a job:
Our Site includes a Careers feature that allows you to submit an online job application if you reside in the US. When you submit an online application, you will be required to provide personal information, including but not limited to your name, contact information, job interests, educational and job history, and references. This information will be used by us to assess and process your application. You will be provided with more information about how we process this information as part of the application process.
You will also be asked to provide equal opportunities information. This is not mandatory – if you don’t provide it, it won’t affect your application. We won’t make the information available to any staff outside our recruitment team, including hiring managers and any relevant support staff, in a way that can identify you. Any information you provide will be used to produce and monitor equal opportunities statistics.

If we decide to interview you, we may print your application and use it during the interview process. If you are hired, your application becomes part of your employee file. If you are not immediately hired, your printed application is kept for two years and then typically will be destroyed. We may ask you to provide additional information during the interview or hiring process. We may also use the information you provide to contact you about your application; for example, to ask you to agree to a background check or to send you an offer letter.
We do not share the information you provide in the online application to anyone outside of the Company, except as we believe is required by law.

Information About You We Receive from Third Party Vendors:
Other companies we do business with may provide to us with additional personal information (such as, for example, names, mailing addresses and email addresses, as well as demographic and other usage information), when we have news or product offerings that may be of interest to those individuals. This does not apply to you if you reside in the EU.

Usage and Website Activity Information:
When you visit our Websites, we or our third-party service providers collect information about your use of the Websites: your Internet service provider's address, your location as determined by your Internet Protocol (“IP”) address, the name of the website or advertisement directing you, your user agent, as well as your clicks and activity on our Websites. We use this information to understand how to make our Websites more available and user-friendly to our customers, as well as to provide you with advertising that may be of interest to you. This is described in more detail here. To learn how you can opt out of such advertising click here. We do not serve interest-based advertising to users we identify as using our websites from EU IP addresses.

Analytics Tools:
We use tools to collect some information we listed above in the section called, “Usage and Website Activity Information” about your use of the Services. For example, we use the information we get from Google Analytics and Adobe Analytics to improve the Services. In order to collect this information, Google Analytics and Adobe Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics and Adobe Analytics may also receive information about you from apps you have downloaded, that partner with Google or Adobe, respectively. We do not combine the information collected through the use of Google Analytics or Adobe Analytics with personally identifiable information.
Google’s ability to use information collected by Google Analytics about your visits to the services and share it with another application that partners with Google are restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those and see http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics, which can be found here.
Adobe’s ability to use information collected by Adobe Analytics about your visits to the services and share it with another application which partners with Adobe, is restricted by the Adobe Analytics Terms of Use and the Adobe Privacy Policy. Please review those and see https://www.adobe.com/privacy/marketing-cloud.html for information about how Adobe uses the information provided to Adobe Analytics and how you can control the information provided to Adobe. To prevent your data from being used by Adobe Analytics, you can download the Adobe Analytics opt-out browser add-on for Adobe Analytics, which can be found here.
The Google Analytics and Adobe Analytics products we use collect only anonymized IP addresses for IP’s located in the EU.

In-Store Information:
In some of our US store locations, if you choose to use our Wi-Fi technology, we may track location analytics. This data is used to improve store layout and enhance customer shopping experience in our stores. To collect the data, we allow a third party provider to use a technology that senses the presence of smartphones. Certain device information, like device ID and location, is collected. Additional personal information is only collected if you consent to that collection. To learn more about customer location and your choices from our service providers, visit www.smart-places.org.
We use cameras in our stores for security and loss prevention purposes. We temporarily store security camera footage, but we do not store recordings in a way that connects them to particular customers. We also use technology to track store traffic, though this technology does not store images or personally identify shoppers.

Social Media
We engage with customers on various social media platforms like Facebook, Twitter, Pinterest, and Instagram. If you contact us on one of these platforms for customer service or otherwise, we may reply to your post or comment and/or contact you via direct message. Those communications are governed by this policy as well as the policy of the relevant social media platform.

Cookies and Other Tracking Technologies
"Cookies" are small amounts of data that are stored on your computer. When you visit one of our Websites, it sends a cookie or cookies to your computer, which your computer stores in a file in your web browser. Cookies flag information about your activity on our Websites. This information helps us improve our Websites and make them friendlier and easier to use and allows us to market to you more effectively. We never use cookies to save passwords, credit card numbers, or other highly confidential information. However, we use them and other tracking technologies to provide enhanced online marketing based on your interests and preferences. To learn about how to opt-out of our cookies used for these personalized online ads, please click here.

Web cookies are used in some email messages and on our Websites to help us measure the effectiveness of those emails and for other analytical purposes. To learn how to opt-out of our cookies used for these purposes click here.
We also contract with a service provider to help us assess visitation to our Websites. To do this, we place small pixel tags and cookies on our Websites. While these do allow our service provider to track your visits, the data retrieved cannot be used by the service provider for any reason without our authorization. Although our service provider logs the information about your visit, we control how that data may and may not be used. We may track this information across the different devices you use to access the Websites. You can opt-out of this analysis tool by clicking https://metrics.bertonoutdoor.com/optout.html.

How We Use Your Information
We use the information we collect about you to facilitate your purchases, communicate with you, offer better customer service, and improve our services and customer relations.

To facilitate your purchases:
This includes processing your order and payment, shipping the order (including orders initiated through our International Quote Form), providing you with technical support and assistance, and communicating with you about the purchase by email. For example, we will contact you by phone, postal mail, and/or email to update you on the arrival of the package, to address any issues with the order, or to answer any questions you may have about your order. If you are located in the EU, we will contact you using the contact information you provide (e.g. email, phone, mailing address).

To send you promotional communications:
If you sign up or make a purchase, we may contact you by email or send you our catalogs to inform you about products, services, and promotions that we think will be of interest to you. You can opt-out of email communications at any time by clicking the "unsubscribe" link at the bottom of each email as or as explained here. You can opt out of receiving our catalogs using this catalog opt-out form. Participation in our catalog mailing list is not open to users from EU locations. If you have installed our mobile app, we use your information to send push notifications to your mobile device. You can opt-out of receiving these push notifications by changing your preferences in the mobile application.

To improve our services and customer relations:
We use your information for analytics and measurement to understand how our services are used in order to make improvements to our Websites or user interface through understanding how you interact with them, including how you interact with advertising. See usage and website information section above. The analytics and advertising products that we use collect anonymized IP addresses from EU locations. We use information you provide to us through your purchases, feedback, surveys, and suggestions to enable us to provide you with a more personalized shopping experience and also to improve our services and customer relations.

In connection with your account:
In order to provide full transparency into your account history, there are certain scenarios in which orders you place, while not logged into your online account, will be visible in your account order history. In particular, online orders placed as a guest, orders placed with the call center, and orders placed in-store will be visible in your online account order history if an email address provided during the transaction matches the email address associated with the online account, or if you paid using a credit card that is a saved payment method in the online account.

How we share your information
Facilitating International Purchases:
For orders outside the US and Canada, visitors must complete an International Quote Form. We may share the information that you provide in that form to the third party service providers that assist us with shipping and delivery.

Marketing:
We share your customer information with other select companies whose products and services you may find useful. This information includes your name, postal address, and email address, as well as a record of any transactions you conduct on our Websites or offline (for example, in our stores or via customer service). These companies may contact you in order to provide you with information about their products and services. To learn how to opt-out of this sharing of your information please click here. We do not share information of users of our Websites that provide an EU mailing address or are identified as being from EU locations.

Online Advertising:
We contract with companies that offer advertising services to place our banner advertising on other websites. These companies collect information from us about your visits to our Websites and stores and your interaction with our products and services. They also use this information to tailor banner advertisements for goods and services when you visit certain websites. We may track this information across the different devices you use to access the Websites. These companies are required to keep this data anonymous and not to share any personal information with any other third parties, except as required to provide this service. These companies do not collect EU IP addresses for the purpose of advertising and we do not place banner advertising on other websites for customers identified as being from EU locations

Sharing among our entities:
We share and combine information about you among our brands, such as Berton Outdoor Furniture, Berton, and Berton Living, in order to provide greater security and to provide information about products and services that might interest you. We also share your information with our parent company, subsidiaries, joint ventures, or other companies under common control as necessary for specific purposes in the operation of our business.
We share and combine information about our US-based customers of products and services that may interest them. You can learn how to opt-out of promotional emails from our entities, as explained here.

Sharing with vendors:
In order to serve you better, we may, at times, contract with other companies to help us process information and to provide us with other services. Their assistance can help us fulfill customer orders, manage, store, and enhance customer data, send marketing, run promotions, and provide other services. For instance, when you order a large furniture item, we may send your name, address, email address and phone number to our shipping vendor, allowing you to access their online delivery scheduling system. Our shipping service providers use your information strictly to coordinate and complete your shipment.

In connection with a business reorganization:
We would share your information if we were involved in a merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation.

In order to comply with our legal obligations, protect our rights and those of others:
We share your information in order to prevent fraud or abuse to our services, to protect your rights, to comply with our legal obligations, and to protect our rights.
• Prevent fraud and abuse of the services: We review transactions internally on a regular basis to identify potential concerns, and we partner with select outside companies to further enhance our ability to ensure that fraudulent orders and/or potentially damaging worms, viruses, and other types of malware do not interfere with our ability to provide the best possible products, value, and services to you and to our other valued customers.
• Protect your rights: We will share information in an emergency or to protect the safety of any person and if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
• Protect our rights and comply with our legal obligations: We cooperate with government and law-enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas); to protect our safety, property or rights or those of any third party; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.

Browser Do Not Track & Global Privacy Control
Do Not Track (DNT) and Global Privacy Control (GPC) are privacy preferences you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on DNT or GPC, visit donottrack.us or https://globalprivacycontrol.org/.

Your Information Sharing Choices
Marketing:
If you do not want us to share your personal information for marketing purposes, please contact us and we will remove your name from lists we share with other companies. When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number. After we process your request, your personal information will no longer be shared for marketing purposes. Opting out of sharing your information for marketing purposes will not prevent your relevant information from being provided to our service providers as needed to provide Services to you, such as shippers when you order products for delivery. Similarly, this will not prevent us from sharing information to the extent it is de-identified or aggregated (in a non-personally identified manner).

Online advertising:
To opt out of interest based advertising or to learn more about the use of this information by our Service Providers you can visit the Network Advertising Initiative or the Digital Advertising Alliance. If you choose to opt-out, we will place an "opt-out cookie" on your computer. The "opt-out cookie" is browser-specific and device-specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for some cookies that are important to how our websites and mobile apps work ("essential cookies"). If the cookie is removed or deleted, if you upgrade your browser, or if you visit us from a different computer, you will need to return to the links above to re-select your preferences.

Mobile app communications:
You can deactivate push notifications in our mobile apps at any time by changing the notification settings on your mobile device.

Email promotional communications:
To delete your name from our email contact lists, please follow these email opt-out instructions. Please note that, to provide you with more control of your experience with us, opting out of one brand does not automatically opt you out of our other brands.

Catalog:
To request to have your name removed from the catalog mailing list, please complete this catalog opt-out form. We appreciate your patience while we process your request. When you make subsequent purchases at Berton Outdoor Furniture, you may provide contact information for customer service only, and request that your name not be forwarded to either mailing list. If you have already opted out, you do not need to opt out again; your information will not be used for purposes other than the customer service you have requested, unless you affirmatively ask to opt in again, in which case you will be opted in and will receive emails or catalogs from us until you again request to be opted out again.

Email tracking:
To opt out of our use of cookies to track your interaction with our email communications, you can click the "unsubscribe" link found in each email you receive or remove yourself from the relevant mailing list or lists as described here.

Website Analytics:
You can opt out of our Website analysis tool by clicking here. See above for information on opting out of Google and Adobe Analytics.

Cookies generally:
If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our Websites or other Services may not work if you delete or disable cookies.

How long do we keep your information?
You can request that we delete your personal information by submitting this online request form. For details about your rights to deletion under California law, please see the below section titled, Notice to California Residents/Your California Privacy Rights.
We retain your information after you request such deletion for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, and/or as necessary to protect our legal rights or for certain business requirements. For example, when we process your payments, we will retain this data for longer periods of time as required for tax or accounting purposes. See below for specific reasons we would retain some data for longer periods of time:
• Security, fraud & abuse prevention – to protect you, other people, and us from fraud, abuse, and unauthorized access.
• Financial record-keeping – when you make a payment to us we are often required to retain this information for a long period of time for purposes of accounting, dispute resolution, and compliance with tax, anti-money laundering, and other financial regulations.
• Complying with legal or regulatory requirements – to meet any applicable law, regulation, legal process, or enforceable governmental request, as required to enforce our terms of service, including investigation of potential violations.
• Direct communications with us – if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.

Notice to California Residents/Your California Privacy Rights
California law requires certain businesses to disclose information regarding the rights of California residents pursuant to the California Consumer Privacy Act (the “CCPA”). The CCPA applies only to California residents. However, because privacy and transparency are top priorities for us, we are making the rights described in this section available to all U.S. customers. We reserve the right to update this policy at any time for non-California residents. Any terms defined in the CCPA (Cal. Civ. Code 1798.140) have the same meaning when used in this section. If you choose to make a privacy-related request using the processes described in this section, you will be directed to a platform operated by our privacy management partner.

Right to Know
You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can submit a verifiable request to know either the categories of information or specific pieces of information that we have about you by submitting this online request form. You will be directed to enter your name, email address, zip code, and phone number. If we have a matching email address on file, we will send a link, which you will have to click to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative. Alternatively, you can verify your identity over the phone by calling (561) 695-3532 rather than using the online form.
You may use an authorized agent to submit a right to know request. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent if the agent does not submit proof that they have been authorized by you on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.
In the preceding 12 months, we have collected the following categories of personal information about California residents from the following sources and for the following purposes. The CCPA requires that we reference specific categories of personal information enumerated in the CCPA. We may collect only certain pieces of personal information described in a given category and may not collect certain other pieces of personal information described in each category.
Category Categories of Sources of Information Business or Commercial Purpose for Collection Categories of Third Parties with Whom We Share
Identifiers We collect identifier information from customers directly and from data resellers. The purposes of collecting this kind of information include order management and fulfillment, customer service, marketing, customer acquisition, and loss prevention. We share identifier information with order fulfillment partners, such as supply chain and delivery companies, and marketing CRM vendors, data analytics providers, social networks, and fraud detection services. We also share with our affiliate brands and with an industry data consortium.

Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80. We collect information described in subdivision (e) of Cal. Civ. Code Section 1798.80 from California residents directly and from data resellers. The purposes of collecting this kind of information include order management and fulfillment, customer service, marketing, customer acquisition, and loss prevention. The purposes of collecting financial information, which is included in this definition of personal customers service provider. We share identifier information with order fulfillment partners, such as supply chain and delivery companies, and marketing CRM vendors, data analytics providers, social networks, and fraud detection services. We also share with our affiliate brands and with an industry data consortium.

Audio, electronic, visual, thermal, olfactory, or similar information We collect audio and video recordings from customers directly. We do not store recordings in a way that connects them to particular customer. We collect audio recordings when customers call our customer service hotline for quality assurance purposes. We collect video recordings in stores for security and loss prevention purposes. We utilize service providers to make and store audio and visual recordings.
Commercial Information We collect commercial information from customers directly via their transactions. The purposes of collecting commercial information include to fulfill orders, and for customer service, marketing, and demand planning. We share commercial information with order fulfillment partners and our affiliate brands.

Internet or other electronic network activity information We collect customers’ interactions with our Websites from customers directly and certain service providers. The purposes of collecting internet activity include marketing and customer service. We also use this information to improve our Websites and the customer experience. We share internet activity with ecommerce data analytics providers.
Characteristics of protected classifications under California or federal law We collect demographic information from customers directly and from data resellers. The purposes of collecting this information include marketing analysis. We share demographic information with affiliate brands and with data analytics providers.

We have sold or disclosed some personal information about California residents to service providers or other third parties for a business or commercial purpose in the preceding 12 months.
The categories of personal information that we have disclosed about California residents for a business purpose in the preceding 12 months are identifiers, categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80, audio, electronic, visual, thermal, olfactory, or similar information, commercial information, and internet or other electronic network activity information.
The categories of personal information that we have sold about California residents in the preceding 12 months, as the term “sale” is defined in the CCPA, are: identifiers, categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80, commercial information, and characteristics of protected classifications under California or federal law.
We do not knowingly maintain or sell the personal information of minors under 16 years of age without affirmative authorization.
If we receive an access request pertaining to household information, we may request further verification, as permitted by law, and may provide information in an aggregated format.

Right to Request Deletion
You have the right to request the deletion of your personal information that we collect or maintain. You can submit a verifiable request to delete by submitting this online request form. You will be directed to enter your name, your email address, zip code, and phone number. You will be asked to confirm that you do, in fact, wish to proceed with deletion, considering that fulfillment of this request will mean that Berton Outdoor Furniture and you will no longer have access to order history, gift registries, or any related services at Berton Outdoor Furniture. Once you confirm, if we have a matching email address on file, we will send a link, which you will have to click to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative. Alternatively, you can verify your identity over the phone by calling (561) 695-3532, rather than filling out the online form.
You may use an authorized agent to submit a deletion request. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.
If we reject the request to delete, you will receive an email detailing the reasoning for denying the request. We may deny a delete request if your information is necessary to:
Complete a transaction, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you;
Perform a contract with you;
Comply with federal, state, or local laws, including tax-exempt transaction and sales tax audit obligations, defend legal claims, including pending chargeback disputes, or other legal obligations;
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality; or
Use internally in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out of the Sale of Personal Information
You have a right to opt-out of the sale of your personal information. While we do not sell customer data in exchange for monetary compensation, we do share information in certain circumstances for valuable consideration. For example, Berton Outdoor Furniture and Berton sometimes share customer information with each other for marketing purposes. We also sometimes share with a third party that serves as an industry data consortium.
To exercise your right to opt out of sale, please click here. You may also make a request to opt out of sale of your personal information by calling (561) 695-3532
If we have a good-faith, reasonable, and documented belief that a request to opt-out of sale is fraudulent, we may deny the request. In this instance, we will inform the requesting party that we will not comply with the request and will provide an explanation for why we believe the request is fraudulent.
You may use an authorized agent to submit a request to opt-out on your behalf. You must provide the agent with written authorization to do so. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

Right to Non-Discrimination
You have a right not to receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA, including, but not limited to,
(1) Denying goods or services to you;
(2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
(3) Providing a different level or quality of goods or services to you;
(4) Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your data. In addition, we may offer financial incentives, including payments to you as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data. We will notify you of such financial incentives. We will enter you into a financial incentive program only if you give us prior opt in consent which clearly describes the material terms of the financial incentive program, and which may be revoked by you at any time. We will not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

Notice of Financial Incentive
In some instances, we may offer a discount or an opportunity to win something of value in exchange for the collection of your personal information. For example, we may offer a discount promotional code or coupon if you provide us with your cell phone number, email address or mailing address for marketing communications; an opportunity to win a prize if you provide your email address as part of a sweepstakes entry; and rewards dollars to customers who use our private label credit cards. The details of each program are contained in the program offering.
Under the CCPA, these offerings may be considered financial incentives, and they are reasonably related to the value of the information you provide. The precise value of the data will vary depending on certain factors, including the internal resources required to collect and maintain information. The category of personal information implicated by financial incentives are identifiers, and more specifically, contact information. In the case of our private label credit cards, we also collect financial information, such as your income, in order to process your application, but we do not use that information for marketing purposes. Details regarding the credit card application process are available here.
You can withdraw from financial incentives at any time by opting out of marketing communications, replying “STOP” to text messages, canceling your credit card account, and/or directing us to delete your personal information, as described in this policy. If a discount code or sweepstakes prize has already been obtained, you will have no obligation to return or destroy the discount code or prize upon opting out. If you cancel your credit card account, you will no longer have access to accrued reward dollars. Other credit card terms and restrictions apply.

Contact Information
If you have questions or concerns about our privacy policies and practices, please contact us at (561) 695-3532

Notice to Nevada Residents/Your Nevada Privacy Rights
Under Nevada privacy law, Nevada residents have a right to submit a verified request directing certain operators of Internet websites and online services not to sell their personal information, as “sell” is defined in Nevada law. We do not sell personal information of Nevada residents. If you have any questions regarding our data privacy practices, please contact info@bertonouutdoor.com.

Notice to EU Residents
If you are an EU resident and have placed an order with us, you can access or delete your information by submitting this online request form. To amend or update your information, please contact us at info@bertonoutdoor.com. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file.
In the event that we refuse a request, we will provide you with a reason as to why. If you have a complaint, please review the process outlined in the Dispute Resolution section.

Protecting Children's Privacy
We adhere to a strict privacy code regarding children and do not knowingly collect or accept personal information from any child under the age of 16. If it is brought to our attention that we have unknowingly received personal information from a child under 16, we will immediately remove all of that child’s personal and identifiable information from our records. In addition, we will not disclose this information to any other companies. California users under the age of 18 may request the removal of their content or information publicly posted on the Website by emailing us at the appropriate brand’s customer service email address identified below.

Be Careful When You Share Information with Others
Please be aware that whenever you share information on a publicly available area of our Websites, such as in a product review, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

Links to Sites and services
At times, we provide links on our Websites and in communications that our customers may be interested in, including links to social media sites such as, for example, Facebook, Twitter or Pinterest. We are not responsible for these websites, which have their own privacy policies and privacy practices to which you may be subject. When visiting our presence on social media or other tools, you will be subject to those websites’ privacy policies. If you visit our Websites through a link from another website, you may be subject to that website’s privacy policy as well. If you choose to explore these websites and services, we suggest that you carefully review their individual privacy policies. See our Terms of Use for further information about the use of social media.

Information Security
We take our customers’ personal information seriously and take steps to protect our customers' personal information against loss, misuse, alteration and unauthorized access. We use encryption technology whenever receiving and transferring your payment information on our Websites.

Your Responsibilities
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. As a result, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer that others may have access to.

A Privacy Promise
We support and adhere to the self-regulatory guidelines and principles of the ANA and the Digital Advertising Alliance Self-Regulatory Principles for Interest-based Advertising. In doing so, we agree to comply with a customer's requests to not share their information with other companies or to contact them for marketing purposes by postal mail, telephone, email or through interest-based advertising. See “Your Information Sharing Choices” section.
If at any time, as a customer, you have questions about our Privacy Policy or practices, please contact us directly. If your issue has not been satisfactorily resolved, you may contact the ANA at https://www.ana.net/content/show/id/accountability-complaint-handling for its review and handling.

Processing in the United States
We process and store information on servers or databases, and use third party providers that process information in the United States. Therefore, your information will be transferred to those locations. The laws in the United States may not be as protective of your privacy as those in your location. For example, United States law does not provide you with the right to access, modify and delete personal information in all cases. Further, government entities in the United States may have certain rights to access your personal information. When transferring personal information, and processing personal information in the United States we will implement appropriate safeguards and process the personal information in accordance with the terms of this Privacy Policy. By using our Websites or our services, you agree to the transfer and processing of your personal information to the United States.

Dispute resolution, Arbitration Agreement & Waiver of Certain Rights
We are committed to resolve complaints about your privacy and our collection or use of your personal information. Please direct your inquiries or complaints to info@bertonoutdoor.com.
You and we agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and us relating to this Privacy Policy or the Websites (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees are required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Privacy Policy, nor a waiver of the right to have disputes submitted to arbitration as provided in this Privacy Policy.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only you and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Privacy Policy will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Privacy Policy. This Section of the Privacy Policy will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Privacy Policy Updates
Efforts to bring new services, ideas, and partners to benefit our customers may make it necessary to amend our Privacy Policy. We will notify you of such changes, by posting a notification on our Website or by other means.

Questions?
If you have any questions regarding our Privacy Policy, we will do our best to answer them. Here's how to contact us:

Phone:
Customer Service Department
Monday - Friday

Email:
info@bertonoutdoor.com

Address:
Berton Outdoor Furniture
Customer Service Department
2880 N Federal Hwy. 
Boca Raton, FL 33431

* Last updated and effective by January 24, 2024