We value your privacy, and we make this Policy easily accessible throughout this Website to assist you in understanding how we handle your personal information. We want to make your online experience enjoyable and safe. Because we gather certain types of information about our users, we want you to understand fully our policies surrounding the attainment and use of that information.
Information We Collect Directly from You
You are not required to provide personal information that we request. If you choose not to provide the information we have requested, we may not be able to provide you with our products or services.
When you make a purchase from this Website, create an account on this Website, request to receive our electronic newsletters, participate in our message boards or forums, write a review or provide feedback, submit a warranty claim, call our call center, use our Website chat features, fill out a form to be contacted, register for our VIP Program, submit a photo to be featured on our Website, or participate in polls, surveys, or contests, we may collect information from you, including your name, email address, telephone number, mailing address, payment information (debit and credit card information), login credentials (user name and password) , social security number (US citizens and residents only), voice recording, photographs, and social media user names.
If you purchase a product or service from this Website for another party, we may collect information from you about the other party, including the other party’s name and mailing address. We will only use this information for the specific purpose for which you provided it.
If you apply or request to be one of our vendors or service providers, we may collect additional information about you including the company you represent and your job title.
If you apply or request to be one of our affiliates, brand ambassadors, influencers, or a business sales partner, we may collect your name, email address, telephone number, mailing address, photographs, social media handles, signature, social security number (US citizens and residents only), and financial account data, and general notes of the business conversations we have with you.
While you visit or use our Websites and services, certain information, including personal information, is automatically collected about your use of the Website and services. Please refer to the Log Files, Cookies, and Other Tracking Technologies section in this Policy below.
Information We May Collect from Other Sources
We may collect or obtain information about you that you chose to make public, including via social media networks, and other public communities, chats or forums.
We may collect or obtain information about you from marketing partners, data brokers, advertising networks, and third party providers of business contact information for advertising and analytics purposes, so that we may offer you personalized features and offers tailored to your interests, and in order to offer you an overall better service.
We will use this information where you have provided your consent to the third party or to Otter, or where Otter has a legitimate interest in using your information in order to provide you with the content or service requested.
We will combine this information with personal information provided by you, in order to identify prospective customers or products you’ll be interested in, to create more tailored advertising, and to improve the accuracy of our records.
How We Use Your Personal Information
The personal information we collect allows us to fulfill your order or warranty claim, and provide the services you request from us. We may supplement this with information from a third-party source, such as FedEx, in order to validate delivery address so we can properly ship your order.
We might use the provided information for direct marketing purposes, such as to inform and communicate with you about relevant products and services. We provide Website users the opportunity to receive communications from us, including a periodic newsletter, product promotions, polls, surveys, and any other information that we believe may be pertinent to you. You may opt out of receiving any, non-service related communications by submitting a privacy request using our Privacy Request Form below, by clicking on the ‘unsubscribe’ link in any email we send to you, or by replying to any email we send you and entering the word UNSUBSCRIBE in the subject line.
We might use the provided information for advertising purposes, in order to provide personalized experiences and products that we think you will be interested in based on your browsing history of this Website (as further described in this Policy) and your purchase history.
If you fill out a survey or form, participate in a contest, or submit a testimonial on this Website, and in the process, provide us with personal information, we use this information to notify contest winners and award prizes, to monitor site traffic or personalize this Website, and to send participants an email newsletter. We also display on this Website personal testimonials of satisfied customers and other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us using our contact information below.
If you contact our call center, we will use the information you provide us for assisting you with your requests, for quality assurance purposes and to enhance our products and services.
If you apply or request to be one of our vendors or service providers, affiliates, brand ambassadors, influencers, or business sales partner, we will use your personal information to evaluate and establish the terms of our relationship, communicate with you, administer your account, render payment and receive payments, to fulfill your orders, provide services to you, to provide customer service support or to respond to your inquiries; and to maintain our relationship with you.
Otter uses information voluntarily given by our users to enhance their experience on this Website, whether to provide interactive or personalized elements on the Websites, or to better prepare future content based on the interests of our users.
Disclosure to Third Parties
We may provide your personal information to our affiliated entity (Otter Products EMEA Unlimited, located in Ireland) related by common ownership to carry out regular business activities, such as to provide, maintain and personalize our Websites and services, to communicate with you, and to accomplish our legitimate business purposes, pursuant to contractual safeguards.
We may disclose your personal information also to third parties that provide services to help us with our business activities such as shipping your order or warranty claim, offering customer service, sending our communications, and administering testimonials and contests and administering our vendor and service provider programs. These third parties are authorized to use your personal information only as necessary to provide these services to us pursuant to written instructions. In such cases, these companies must abide by our data privacy and security requirements, and are not allowed to use PI they receive from us for any other purpose. Except as otherwise provided herein, we will not share your personal information with any other third-party organizations not acting as our service providers except with your express consent.
For United States citizens and residents only, with your consent, we may share your information with business partners and other third parties in order to allow them to provide you with offers, promotions, ads or products and services that we think you may enjoy. If you do not want us to share your personal information with these companies, please contact using our Privacy Request Form. Please note that once we share your personal information with another organization, the information received by the other organization is controlled by that organization and becomes subject to its privacy notice and practices.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We reserve the right to disclose your personal information as required to by law, such as to comply with a subpoena, or similar legal processes, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or response to a government request.
If Otter is involved in a merger, acquisition, dissolution, sale of all or a portion of its assets, or other fundamental corporate transaction, we reserve the right to sell or transfer your information as part of the transaction. In such an event, you will be notified via email and/or a prominent notice on our Website of any change in ownership, incompatible new uses of your personal information, and choices you may have regarding your personal information.
Log Files, Cookies, and Other Tracking Technologies
This Website utilizes industry standard analytics packages that automatically gathers limited information on Website users, and stores this information in server log files. This information may include IP addresses, browser type, referring pages, operating system used, and date/time stamps. This information is used only for Website administration, as well as for analysis of Website usage and trends.
Otter collects user traffic usage characteristics throughout its Website. However, we do not correlate this data with individual user information. Otter may analyze usage statistics according to a user’s domain name, browser type, and Multipurpose Internet Mail Extensions (MIME) type by reading this information from data contained in the user’s browser.
Otter may collect and catalog search terms in its search function that users employ, but such collection and cataloging are not associated with individual users. We may use search terms to determine the areas of this Website most important to users, based on the characteristics of usage or traffic of those areas. We will not use these search terms to track what any particular individual users read, but rather the performance of each page. This may help us to build a better web-based experience for you.
Otter and its affiliates and service providers (e.g., marketing providers, analytics providers, and/or payment processors) utilize technologies such as cookies, beacons, tags, and scripts. Otter uses these technologies in analyzing trends, administering this Website, tracking users’ movements around this Website, and gathering demographic information about our Website users. We may receive reports based on the use of these technologies by these third parties on an individual as well as an aggregated basis.
We utilize a third-party service provider to manage our advertising on other Websites. This service provider may use technologies such as cookies to gather information about your activities on this Website and other sites, in order to provide you advertising based upon your browsing activities and interests. If you wish not to have this information used for serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union by clicking here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
We use “local storage”, such as HTML5, to store content information and preferences. Third parties that provide certain features on this Website (e.g., YouTube) also use local storage, and HTML5, to collect and store information. Various browsers may offer their own management tools for removing HTML5.
Your Rights and Choices around your Data
You may request to update, correct, access, or delete your personal information, or to know whether we hold any of your personal information. You may request restrictions, temporarily or permanently, on our processing of some or all personal information about you. To request a copy of the personal data we have collected about you, or to request that your information be deleted, or to submit any other privacy request, please contact us by clicking here: Privacy Request Form.
You also may make your request by telephone or by postal mail at the address/phone number indicated in the contact information below.
We will respond to your request within thirty (30) days. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by clicking here: Privacy Request Form. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Protection of Personal Information
We have implemented commercially reasonable technical and organizational safeguards to appropriately protect your personal information against accidental, unauthorized, or unlawful access, use, loss, destruction or damage. However, please be aware that no method of electronic transmission or storage can ever be fully secure. Therefore, we cannot guarantee the absolute security of your information.
Nevertheless, the security of your personal information is extremely important to us. For instance, we employ various firewalls and other security tactics to keep your information secure. We do not store your complete credit card information on our internal web server. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using transport layer security (TLS) technology. While there is risk inherent in every Internet transaction, be assured that we are work hard to ensure that risk is minimal. If you have questions about the security of your personal information, or if you have reason to believe that the personal information that we hold about you is no longer secure, please contact us immediately as described in this Policy.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://liviri.com/california-privacy/
Otter is a United States-based company. All the information you provide will be transferred to the United States. Otter may, subject to applicable law, transfer your information outside the country where you are located and to where information protection standards may differ (e.g., your information may be stored on servers located in other jurisdictions). We will utilize appropriate safeguards governing the transfer and usage of your personal information.
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Otter participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Otter is committed to subjecting all personal data received from European Union (EU) member countries and the United Kingdom and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
Otter is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Otter complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, the United Kingdom and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Otter is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Otter may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Changes to This Policy
We may update this privacy notice and its last updated date to reflect changes to our data governance practices. If we make any material changes, we will notify you by means of a notice on this Website or by an email to your email address on file prior to the change becoming effective. We encourage you to review periodically this page for the latest information on our privacy practices.
If you have any questions or
concerns regarding this Policy, or you wish to contact us by postal mail, our
contact information is as follows:
Otter Products, LLC
209 South Meldrum Street
Fort Collins, CO 80521
Email: Privacy Request Form
This Policy was last updated on October 1, 2020.