Otter Products, LLC Privacy Notice for California Residents
Effective Date: January
Last Reviewed On: January 1, 2019
This Notice does not apply to employment-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals.
Where noted in this Notice, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) from some its requirements.
Information We Collect
Otter collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like: (a) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (b) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, Otter has collected the following categories of Personal Information from its consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some Personal Information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other Personal Information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Otter obtains the categories of Personal Information listed above from the following categories of sources:
Directly from you. For example, from forms you complete or products and services you purchase on the Website.
Indirectly from you. For example, from observing your actions on the Website.
From third parties. For example, from someone you know ordering a product for you.
Use of Personal Information
We may use or disclose the Personal Information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the Personal
Information. For example, if you share your name and contact information to ask
a question about our products or services, we will use that Personal
Information to respond to your inquiry. If you provide your Personal
Information to purchase a product or service, we will use that information to
process your payment and facilitate delivery. We may also save your information to facilitate
new product orders or process returns.
To provide, support, personalize, and develop
our Website, products, and services.
To create, maintain, customize, and secure your
account with us.
your requests, purchases, transactions, and payments and prevent transactional
To provide you with support and to respond to
your inquiries, including to investigate and address your concerns and monitor
and improve our responses.
To personalize your Website experience and to
deliver content and product and service offerings relevant to your interests,
including targeted offers and ads
through our Website, third-party sites, and via email (with your consent, where
required by law).
To help maintain the safety, security, and
integrity of our Website, products and services, databases and other technology
assets, and business.
For testing, research, analysis, and product
development, including to develop and improve our Website, products, and
To respond to law enforcement requests and as
required by applicable law, court order, or governmental regulations.
described to you when collecting your Personal Information or as otherwise set
forth in the CCPA.
To provide Website functioanlity to allow you to
write a product review or submit a testimonial.
To operate contests, sweepstakes, and other
To evaluate or conduct a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of our
assets in which Personal Information held by us about our Website users is
among the assets transferred.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties:
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
The categories of Personal Information we
collected about you.
The categories of sources for the Personal
Information we collected about you.
Our business or commercial purpose for
collecting or selling that Personal Information.
The categories of third parties with whom we
share that Personal Information.
The specific pieces of Personal Information we
collected about you (also called a data portability request).
If we sold or disclosed your Personal Information
for a business purpose, two separate lists disclosing: (i) sales, identifying
the Personal Information categories that each category of recipient purchased;
and (ii) disclosures for a business purpose, identifying the Personal
Information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B Personal Information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Submitting a request using our online form by
Calling us toll-free at 1-855-688-7269
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to
reasonably verify you are the person about whom we collected Personal
Information or an authorized representative.
Describe your request with sufficient detail
that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to
create an account with us.
We will only use Personal Information provided in a
verifiable consumer request to verify the requestor’s identity or authority to
make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request
within forty-five (45) days of its receipt. If we require more time (up to 90
days), we will inform you of the reason and extension period in writing.
We will securely deliver our written response electronically.
Any disclosures we provide will only cover the 12-month
period preceding the verifiable consumer request’s receipt. The response we
provide will also explain the reasons we cannot comply with a request, if applicable.
For data portability requests, we will select a format to provide your Personal
Information that is readily useable and should allow you to transmit the
information from one entity to another entity without hindrance, specifically PDF
or CSV format.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to
direct us to not sell your Personal Information at any time (the “right to
opt-out”). We do not sell the Personal Information of consumers we actually
know are less than 16 years of age, unless we receive affirmative authorization
(the “right to opt-in”) from the parent or guardian of a consumer less
than 16 years of age. Consumers who opt-in to Personal Information sales may opt-out
of future sales at any time.
To exercise the right to opt-out, you (or your authorized
representative) may submit a request to us by visiting the following Internet
Web page link: Do Not Sell My Personal Information.
Once you make an opt-out request, we will wait at least
twelve (12) months before asking you to reauthorize Personal Information sales.
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you products or services.
Charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of products or services.
Suggest that you may receive a different price or rate for products or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please use our online form by clicking here.
Changes to Our Privacy Notice
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on the Website and update the Notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Otter Products, LLC ATTN: Privacy 209 South Meldrum Street Fort Collins, CO 80521 Toll-Free Phone: 1-855-688-7269 Email: Privacy Request Form