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CHROMASCAPE PRIVACY POLICY 

LAST UPDATED AND EFFECTIVE:  November 11, 2021 


1. Who Is Collecting My Personal Data? ChromaScape LLC, or any member of the ChromaScape family of brands (Amara, Amerimulch, Aqua, Elco, ChromaPave, Ricochet, or any developed in the future) (“ChromaScape”, "us", "we", or "our"), offers and maintains the website(s) located at www.chromascape.com, including all subdomains and subparts, as well as our social media accounts on Facebook, LinkedIn, Instagram, and other platforms (collectively, the “Site”).  When you visit the Site, call or visit our offices, or meet with our representatives, you may choose to provide us with personal data that identifies you.  Information is one of the most powerful and valuable assets in business today. ChromaScape promises to safeguard the information you share with us as if it were our own.  This Privacy Policy explains how we process and use your personal data, and it applies regardless of how you access the Site or provide your personal data to us.  Please take time to read this Privacy Policy carefully.  BY USING THE SITE OR SUBMITTING DATA TO US, YOU EXPRESSLY AGREE TO THE COLLECTION, USE, DISCLOSURE, RETENTION, AND DESTRUCTION OF YOUR PERSONAL DATA SUBMITTED TO US IN ACCORDANCE WITH THIS PRIVACY POLICY. 

2. What Personal Data Do You Collect?  The amount and type of information that ChromaScape gathers depends on the nature of our interaction with you.  In each case, ChromaScape collects information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with us.  If you engage in a transaction with us such as requesting a sample, we ask you to provide personal and professional information required to process your transaction. 
When you provide it to us, we collect information that identifies you (“Personal Data”), such as your: 
  • Name
  • Company information
  • Job Title
  • Role
  • Email address
  • Address
  • Telephone number
  • Personally identifiable content in your messages to us 
When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as: 
  • Your internet protocol (“IP”) address
  • Browser type
  • Browser version
  • Statistics on your activities on the Site (such as the date and time of visits, the pages viewed, time spent at the Site)
  • Information about how you came to the Site
  • Data collected through Cookies or other similar technologies discussed in more detail below. 
Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you. 

3. How Do We Use Your Personal Data?  We use your Personal Data for the purposes for which you provided it, including to: 
  • fulfill your product or service needs;
  • maintain our own accounts for billing and delivery; 
  • advise you about products, services, offers, or events that may be of interest to you; and
  • provide customer service to you, such as a service estimate.  
We may also use your Personal Data or Log Data in an aggregated format to administer our internal business activities, including to: 
  • design and arrange the Site content and functionality in the most user-friendly manner;
  • better understand customer trends and requirements;
  • create non-personally identifiable data to be used for marketing; and
  • provide a service that is reliable, responsive, and efficient. 
In addition, we may use third-party services and advertising networks, such as Google Display Network or Google Analytics, that collect, monitor, and analyze Log Data to deliver online behavioral advertising that serves ads to you on ChromaScape’s behalf on other sites throughout the Internet.  We may also contract with third-party vendors to send direct mail or catalogs to customers whom we think may be interested in our products or services. 

4. How Do You Share My Personal Data?  No Sale of Personal Data
 
We will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties to perform services on behalf of ChromaScape. By using the Site or submitting your Personal Data to us, you expressly consent to our sharing your Personal Data, as set forth below.
 
Sharing Personal Data With Affiliates, Successors, and Agents
For purposes consistent with this Privacy Policy, we may share your Personal Data with:  
  • our parent companies, subsidiaries, and/or affiliates;
  • successors who acquire your Personal Data if we sell, merge, reorganize, dissolve, or similarly change our ownership or corporate structure; 
Sharing Data Through Social Media
ChromaScape maintains social networking accounts and integrated tools on the Site that help us interact with you through social networking websites, such as Facebook, LinkedIn, and Instagram.  We may also work with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our products and services, and generate interest in our products and services among members of your social networks.   Using these integrated tools enables you to share your Personal Data with other individuals or the public, depending on the settings that you have established with social networking websites. If you use social networking website features integrated in the Site, we may collect or share the information you share, including your Personal Data.
 
If you do not want us to be able to access information about you, including Personal Data, from social networking websites, you must limit data collection and disclosure in the privacy settings on the Third Party Sites.  We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.
 
Legally Compelled Disclosure of Personal Data

We may disclose your Personal Data if required to do so by law or in our good faith belief that such action is necessary to: 
  • comply with a legal obligation;
  • protect or defend our rights, interests, or property, or that of third parties;
  • prevent or investigate possible wrongdoing in connection with the Site;
  • act in urgent circumstances to protect the personal safety of users of the Site or the public; or
  • protect against legal liability. 
5. What Are My Rights About The Processing Of My Personal Data?  You always have a choice regarding the tools that you use and the information that you provide so that we can provide products and services that are of real value.
 
You may withdraw your consent to the processing of your Personal Data at any time.  To opt out of receiving emails, direct mail, catalogues, or other communications, please call us at (888) 421-0010 or email us at marketing@chromascape.com with the phrase “Privacy Opt-out” in the subject line and specify what you would like us to do (for example, Change my mailing preferences).  To stop email communications from us, you can also follow the unsubscribe instructions set forth at the bottom of our promotional e-mail messages.
 
If you choose to limit our use of your Personal Data, you may not have access to certain functionality of the Site.  If you change your privacy preferences in the future, that will not limit the lawfulness of any processing performed based on your prior consent.  We do not sell your Personal Data, but you have the right to opt out of the sale of your Personal Data at any time.
 
California Privacy Rights

If you are a California resident, you have the following additional rights.

Access:  You have the right to access a copy of your Personal Data that we hold about you, upon receipt of a verified request.  Specifically, you have the right to request information from us regarding the manner in which we process certain Personal Data or categories of Personal Data, including:
  • the categories of Personal Data we collected, sold, or disclosed in the prior 12 months;
  • the pieces of Personal Data we collected about you in the prior 12 months; 
  • our business purposes for collecting or selling Personal Data;
  • the categories of sources from which we collected Personal Data in the prior 12 months;
  • the categories of third persons with whom we sold or shared Personal Data in the prior 12 months; and
  • the names and addresses of the third parties that received the information.
Deletion:  You have the right to delete your Personal Data, upon receipt of a verified request, with some exceptions.

Equal Treatment:  You have the right to equal treatment regardless of your exercise of your privacy rights.

Opt Out:  You have the right to opt out of the sale of your Personal Data at any time.  We do not presently sell Personal Data.
 
To exercise any of these rights, please call us at (888) 421-0010 or email us at marketing@chromascape.com with the phrase “Privacy Request” in the subject line and specify what you would like us to do (for example, Access my data, Correct my data, Delete my data, etc.).  Before we may fulfill a request to access or delete your information, we are required to verify your identity.  We will ask you to verify your name, address, email address, telephone number, and any additional information we may need to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

6. Is My Personal Data Secure?  ChromaScape has security measures in place to help protect your Personal Data.  We secure your Personal Data by: keeping Personal Data up to date; storing and destroying it securely; using industry standards to protect Personal Data from loss, misuse, unauthorized access and disclosure, alteration, and destruction; and ensuring that appropriate technical measures, such as encryption, are in place to protect Personal Data.  For example, when we collect credit card data, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
 
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to Personal Data. Our computer servers are kept in a secure environment.
 
However, no network, server, database, or Internet or e-mail transmission, is ever fully secure or error free. Therefore, you should take special care in deciding what Personal Data you send to us electronically. 

7. How Long Will You Keep My Personal Data? You may unsubscribe to emails, and otherwise limit our use of your Personal Data by contacting us. However, we may retain your Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time. 

8. How Do You Use Cookies? ChromaScape uses cookies to track information on your browsing history on the Site.
 
What Are Cookies?
A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site or view advertisements.  Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.
 
What Do You Use Cookies For?
We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier.  We use cookies to: 
  • monitor and analyze how you use the Site;
  • remember your preferences to make your online experience easier and more personalized;
  • route Site traffic to effectively distribute the Site workload across servers; and
  • test new features.
Third-party vendors may pool the information that they collect from our Site with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail or a catalog.  We may use cookies placed by third parties to deliver focused online banner advertisements to you both on and off the Site.
 
How can I manage cookies?
If you do not wish for cookies to be placed on your computer, most web browsers permit you to manage cookies through your web browser's option settings.  You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser's help section for information on whether you can and how to do this.
 
Many of the third party technologies that enable targeted banner advertising also allow you to opt out. Such third party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo! among others.  You can control your preferences directly with each such third party service provider or by using the Network Advertising Initiative's (NAI's) multi-cookie opt-out mechanism at: http://www.networkadvertising.org/managing/opt_out.asp.  These opt-outs are valid only for the computer and browser combination used to opt-out. Clearing cookies will remove these opt-outs since they are stored in cookies. If you opt-out of NAI third-party advertising network, you will no longer receive ads based on your browsing history from that network. You may, however, continue to receive generalized online advertising.
 
You can learn more about cookies at the following third-party websites: Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly. 

9. What Data Is Not Covered By The Privacy Policy?  The limitations in and requirements of this Privacy Policy do not apply to: 
  • Third Party Sites:  The Site may contain links to other websites not operated or controlled by us (“Third Party Sites”).  CHROMASCAPE IS NOT RESPONSIBLE FOR THE POLICIES AND PRACTICES EMPLOYED BY, OR THE CONTENT OF, THIRD PARTY SITES. We provide such links only as a convenience and the inclusion of a link on the Site does not imply endorsement of the linked site by ChromaScape. If you provide Personal Data through any such Third Party Site, your Personal Data may be collected by the third party and controlled by the privacy policy of that third party.  We suggest contacting those sites directly for information about their privacy policies and practices. 
  • Deidentified Data: Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated personally identifiable information, but only to the extent the foregoing cannot be used to specifically identify you.
  • Aggregated Personal Data: Any aggregated Personal Data that can no longer be used to identify you will be treated as non-personally identifiable data under this Privacy Policy. 
10. Do You Collect The Personal Data of Children?  We do not intentionally or knowingly collect any Personal Data from children under the age of thirteen (13), nor do we target our emails to them.  Children under the age of thirteen (13) should not submit any Personal Data through the Site.  We encourage parents and legal guardians to monitor their children's use of the Internet and instruct them to never provide Personal Data through the Site.  If you believe a child under the age of thirteen (13) may have provided Personal Data to us through the Site, please contact us at marketing@chromascape.com, and we will use reasonable efforts to delete it from the Site and our files. 

11. International Privacy Laws  If you are visiting the Site from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States depending on the type of information and how it is stored by us. We will hold and process your Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country, and while in the United States Personal Data may be subject to lawful access requests by government agencies. 

12. What If You Change This Privacy Policy?  We may occasionally make changes to this Privacy Policy.  If we wish to use your Personal Data for a new purpose not covered by this Privacy Policy, we will provide you with a new Privacy Policy explaining this new use prior to commencing the processing of your Personal Data pursuant to the new Privacy Policy and setting out the relevant purposes and processing conditions. For substantial changes to this Privacy Policy, we will use reasonable efforts to notify you. 

13. How Can I Resolve A Privacy Dispute With You?  If you have a complaint about this Privacy Policy or our privacy practices, we will work with you in an attempt to resolve your complaint under the arbitration procedures described in the Dispute Resolution section of the Site’s Terms of Use.  BY USING THE SITE OR SUBMITTING YOUR PERSONAL DATA TO US, WE EACH AGREE TO SETTLE DISPUTES ONLY BY NON-CLASS, INDIVIDUAL ARBITRATION, INSTEAD OF SUING IN COURT (EXCEPT CERTAIN SMALL CLAIMS).  THE RULES IN ARBITRATION ARE DIFFERENT.  THERE IS NO JUDGE OR JURY, LIMITED DISCOVERY RIGHTS, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS STATED IN THE AGREEMENT, AS A COURT WOULD.
 
To initiate an arbitration proceeding, you must send us a notice of your complaint that includes a written statement of your name, address, and contact information, the facts giving rise to your complaint, and the relief you are requesting (the “Dispute Notice”).  The Dispute Notice must be addressed to:  ChromaScape LLC, 7555 E Pleasant Valley Road, Suite 100, Independence, OH 44131, and sent to us by certified mail as described in the Dispute Resolution section of the Site’s Terms of Use.  If we do not reach an agreement to resolve your privacy complaint within sixty (60) days after we receive your Dispute Notice, you may commence an arbitration proceeding under the Dispute Resolution section of the Site’s Terms of Use.  

14. How Can I Contact You? 

If you have any questions about this Privacy Policy, our practices, or your dealings with us, or to exercise any and all of your rights, please contact us at: 
 
ChromaScape
7555 E Pleasant Valley Road
Suite 100
Independence, OH 44131
888-421-0010
marketing@chromascape.com