PRIVACY POLICY

This Privacy Policy is subject to change. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Such changes to this Privacy Policy will be posted on the Website(s) and will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of the Website(s) or Services. If we determine that a change to this Privacy Policy will result in using your Personal Information acquired before the change in a materially new way, we will provide you notice by a prominent post on our website and/or email before using your Personal Information in the new way.

Contact Us

If you have any questions about our Services or this Privacy Policy, please email us at CustomerCare@pens.com. You may also send us a letter to the following address:

Pens.com
Attn: Legal Department
1 Sharpie Way
Building 3
Shelbyville, TN 37160

Personal Information

We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

• Identifiers (e.g., name, IP address, mailing address, email address, phone number, fax number, login credentials)
• Characteristics of Protected Classifications Under California or Federal Law (e.g., gender, marital status)
• Commercial Information (e.g., checking account number, shopping and purchase history),
• Internet or Other Electronic Network Activity (e.g., browsing history, search history, other information regarding your use of our Website(s) or Services that can be associated with you)
• Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information (e.g., call recordings, chat transcripts, testimonials)
• Professional or Employment-Related Information (e.g., occupation, employer)
• Inferences drawn from the above categories of Personal Information that relate to your characteristics and preferences
• Personal Information as described in Cal. Civ. Code § 1798.80(e) to the extent collected under another category of Personal Information above.

Some of the Personal Information listed above may be considered Sensitive Personal Information under relevant laws. This includes, for California residents, login credentials. Each type of Sensitive Personal Information may overlap with a category of Personal Information listed above.

The type of Personal Information we collect about you may vary based on how you use the Website(s) and/or Services and your relationship with us.

Usage Data and Site Activity

We automatically collect anonymous or aggregated information in connection with the actions you take on the Website(s) and in connection with using the Services (“Usage Data”). For example, each time you use the Website(s), we automatically collect the type of web browser you use, your operating system, your Internet Service Provider, the pages you view, and the time and duration of your visits to the Website(s). We may use and disclose Usage Date for any purpose without restriction.

Communication Recordings

We may record calls and retain the content of text messages, chat transcripts, or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.

Session Recording Information

We may use session recording software on the Website(s). This software enables us to record visitors’ use, interaction, and engagement with the Website(s). This software may capture user input, such as mouse and keyboard inputs and mobile gestures, and user views, such as browser or screen output. We use this software to help us optimize visitor experience. By using the Website(s), you consent to our use of session recording software.

We use Hotjar in order to better understand our users’ needs and to optimize our Website(s). Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like) and this enables us to build and maintain our Website(s) with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

Voluntary Disclosure

We may ask you to provide us with Personal Information when you register with the Website(s), make a purchase, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Website(s) or Services or we may not be able to fulfill your purchase.

Surveys

From time to time we, or service providers retained by us, may request Personal Information from you via surveys. Participation in these surveys is completely voluntary and you have a choice whether to disclose Personal Information. The requested information typically includes contact information (such as name and address) and product usage and preferences.

Third-Party Data Sources

We collect Personal Information from third-party data sources such as the United States Postal Service and data brokerage companies. This Personal Information may be appended to Personal Information we have already collected from or about you.

Cookies

We use cookies (a small text file placed on your computer to identify your computer and browser) to improve the experience of the Website(s) and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Website(s) or Services may not work if you delete or disable cookies. Cookies are set by us as well as by our third party partners. See table below for details. You may opt-out of all cookies except those with critical functionality for the site by setting your Cookie Preferences in the Privacy Notification Banner to exclude all except critical cookies.

We use the following types of cookies:

• Functional Cookies: Functional cookies are used to enable site functionalities and keep track of you or your information as you move from page to page within the Website(s). For example, session cookies stored on your browser allow your online shopping cart to function properly and resumes your session when you return to the website.
• Attribution Cookies: Attribution cookies reside on your system and allow us, and our Service Providers, and customize your experience if you leave and later return to the Website(s). For example, attribution cookies may allow us to remember your demographic information & preferences.
• Advertising Cookies: Advertising cookies help us market our products to you and others.
• Analytics Cookies: Analytics cookies help us understand how our Website(s) is working and who is visiting our Website(s).

Online Behavioral Advertising

We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of the Website(s) or Services as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to better understand individual users. We try to retain and analyze data in a way that anonymizes it, but it is possible that we may collect or use Personal Information as part of our online behavioral advertising activities. Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via the Website(s), the Services, or on third-party websites. You can visit the Network Advertising Initiative website at www.networkadvertising.org, which offers information about Internet advertising companies and how to opt out of participating Advertisers’ information collection.

Tracking Pixels and Clear GIFs

We employ software technology that enables us to track certain aspects of a user's visit to the Website(s). This technology helps us better manage content on the Website(s) by informing us what content is effective, how consumers engage with the Website(s), and how consumers arrive at and/or depart from the Website(s). The software typically uses two methods to track user activity: (1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether or not a user has viewed a particular web page or email message. User activity information may be associated with additional information about a user's session, such as IP addresses and the type of browser used, and Personal Information, if provided by the user.

If you arrive at the Website(s) by "clicking through" from another website, then certain information about you that you provided to that other website, such as the terms you were searching on that led you to the Website(s), may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached the Website(s) to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. We may retain information about you provided to us by other websites and will only use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Social Media Widgets

The Website(s) may include social media features, such as the Facebook, YouTube, LinkedIn, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with social media features are governed by the privacy policies of the companies that provide them and you should review the relevant privacy policies before interacting with these features.

Generally

We use Personal Information for internal purposes, such as to:

• Provide you with the Website(s) and Services;
• Process or complete transactions you requested;
• Improve the Website(s) and Services, including customization and personalization;
• Enhance your experience with the Website(s) and Services;
• Notify you of products and services via mail, email, telephone, and/or text messaging;
• Develop and present to you recommendations and advertisements regarding our products and services;
• Comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
• Administer surveys, polls, sweepstakes, contests, promotional events, or to otherwise communication and interact with customers and consumers;
• Operate information security and anti-fraud programs.
• Communicate with you about the Website(s), Services, and other matters via mail, email, telephone and/or text messaging; and
• Compile anonymous information and analyses.

We use Sensitive Personal Information as follows:

• Login credentials – to permit access to customers’ online accounts, and in connection with our security and anti-fraud programs.

We may also use Personal Information and/or Sensitive Personal Information as described to you at the point of collection, with your consent, or as otherwise required or permitted by applicable laws. We use Sensitive Personal Information related to California residents solely for purposes permitted by 11 Cal. Code of Regs. § 7027(m).

Email Marketing

We may use your Personal Information to market products or services likely to be of interest to you, or to provide you with special offers and opportunities, via email. With respect to commercial email communications from us, you may opt out of these emails via a link in the footer of all commercial email messages.

Reviews and Testimonials

If you provide a review or testimonial, we may post it publicly on the Website(s) or in other advertising material without notice to you. By providing a review or testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.

Service Providers

From time to time, we may establish a relationship with other businesses who provide services to us (“Service Providers”). We contract with Service Providers to provide certain services to us, including:

• Online hosting and maintenance;
• Marketing and promotion design and management;
• Payment processing;
• Management of access to services;
• Order fulfillment;
• Data storage and management;
• General business operations support; and
• Identity and contact information validation.

We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.

We may disclose each category of Personal Information that we collect with one or more Service Providers.

Third-Party Selling and Sharing

We may sell your Personal Information to companies who do not provide services to us (“Third Parties”). In the past twelve months, we sold identifiers, commercial information, and Personal Information as described in Cal. Civ. Code § 1798.80(e) to data cooperatives for the purpose of lead generation for internal marketing activities. These companies may use your Personal Information for additional purposes outlined in their privacy policies including marketing and advertising their products or services.

We do not sell your Personal Information to third-party companies to market their products or services to you. Please note that your information may still be disclosed to Service Providers for functional, transactional, analytics, and attribution purposes supporting the fulfillment of products and services you have requested.

We may also share your Personal Information with Third Parties who assist us in using cross-context behavioral advertising or targeted to advertising in connection with our marketing efforts. In the past twelve months, we shared identifiers, commercial information, Internet and other electronic network information, and Personal Information as described in Cal. Civ. Code § 1798.80(e) with such Third Parties.

We do not knowingly sell or share the Personal Information of consumers under 16 years of age.

Other Third-Party Disclosures

We may occasionally disclose your Personal Information to Third Parties, for purposes such as:

• To comply with the law;
• To respond to legal requests (including court orders, investigative demands and subpoenas) if, in our discretion, we believe it is necessary or appropriate;
• To prevent or stop any illegal, unethical, or legally actionable activity;
• To protect the safety, property, or rights of ourselves, consumers, or any other third party;
• If we are merged, acquired, or sold, or in the event of a divestiture, restructuring, reorganization, or transfer of some or all of our assets and the disclosure is necessary to complete the transaction, or in connection with the evaluation of a potential transaction;
• To businesses controlling, controlled by, or under common control with us; and
• For additional purposes with your consent where such consent is required by law.

In the past twelve months we have not disclosed Personal Information to Third Parties for purposes other than as explained in this Privacy Policy.

We recognize the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ reasonable administrative, technical, and physical safeguards to protect such Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Website(s) we cannot, and do not, guarantee the security of any information you transmit on our Website(s), and you do so at your own risk.

Please be aware that third-party websites accessible through the Website(s), including websites/webpages of affiliated companies that are not domiciled in the United States, may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information through linked websites.

We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax and/or accounting obligations. We do so in accordance with our data retention policies and applicable law.

The Website(s) are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.

If you would like to receive access to your transaction information and/or request the correction of inaccurate information, you may do so by calling us at 800-347-7367, sending an email to CustomerCare@pens.com or sending a written request to the following postal address:

Pens.com
Attn: Legal Department
1 Sharpie Way
Building 3
Shelbyville, TN 37160

If you are a resident of California or Virginia, you may have additional rights to access and control your Personal Information. These rights will be extended to Colorado and Connecticut residents on July 1, 2023, and to Utah residents on December 31, 2023. Exemptions may apply. Consumer privacy rights for residents of these states include:

Right to Access and Portability

You have the right to request twice per twelve-month period that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose for which we collected your Personal Information; and (iv) the categories of Third Parties with whom we sold, shared, or disclosed your Personal Information, including the categories of Personal Information sold, shared, or disclosed to each and the purposes for doing so. We are not permitted to provide access to specific pieces of Personal Information that creates a high risk of potential harm from disclosure to an unauthorized person such as social security numbers and driver’s license numbers.

Right to Deletion

You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, comply with legal obligations, or perform other functions permitted by law. We will retain a copy of your deletion request for at least two years as required by law.

Right to Correction

You have the right to request that we correct inaccurate Personal Information that we maintain about you. After you request to correct inaccurate Personal Information, we will provide instructions for you to provide us with optional documentation to support your request and we will consider it. We may decline to correct your Personal Information if a legal exemption applies such as if we determine that your request is fraudulent or abusive or if we determine, based on the totality of the circumstances, that your correction is more likely inaccurate than accurate. We may decide to delete your allegedly inaccurate Personal Information instead of correcting it.

Right to Opt-Out of Data Sharing and Sales

You have the right to direct us not to sell or share (for targeted or cross-context behavioral advertising purposes) your Personal Information to Third Parties.

You may exercise your right to Opt-Out of Data Sharing and Sales by submitting a request via an online form or by calling us at 800-347-7367.

Right to Restrict Data Processing for the Purpose of Profiling

You have the right to request that we stop using your Personal Information for data processing for the purpose of profiling.

Right to Appeal (Excluding California residents)

You have the right to appeal our decision to deny, in full or in part, one or more of your privacy requests. We will process appeal requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law. If we deny your appeal, we will provide you with a written explanation of the reasons for our decision. If you are not satisfied with our explanation for the denial of your appeal, you may have an additional right under certain laws to contact your state Attorney General to submit a complaint about the appeal results. In such case, we will provide you with instructions for doing so. The right to appeal does not apply to California residents.

The Right to Non-Discrimination

You have the right not to receive discriminatory treatment because of your exercise of privacy rights conferred by applicable state law.

Exercising your Rights

You may exercise your privacy rights by calling us at 800-347-7367, by submitting a request via an online form, by sending an email to CustomerCare@pens.com, or sending a written request to the following postal address:

Pens.com
Attn: Legal Department
1 Sharpie Way
Building 3
Shelbyville, TN 37160

Please be specific in your request and provide sufficient information to allow us to locate your Personal Information in our systems based on your request. We may request additional information from you to verify your identity or locate your Personal Information. We will acknowledge receipt of your request within 10 days. We will respond to verified access, correction, and/or deletion requests within 45 days, but we may extend the time for response by an additional 45 days if an extension is reasonably necessary and we inform you of the extension. We will process opt-out requests as soon as possible within 15 business days, subject to any applicable exceptions and extensions permitted by law.

As noted above, you may also exercise your right to Opt-Out of Data Sharing and Sales by enabling your browser’s GPC setting. See above for details.

Exercising Your Right to Restrict Data Processing for the Purpose of Profiling

You may exercise your Right to Restrict Data Processing for the Purpose of Profiling, by following the procedures described above to Opt-Out of Data Sharing and Sales and by setting your Cookie Preferences in the Privacy Notification Banner to Exclude all except Critical cookies.

Authorized Agent

If you are an authorized agent submitting a request for another person, you must provide a copy of a lawful power of attorney or written authorization from the person (along with proof of your identity). You will be provided options on how to provide this documentation after submitting the request. We may contact you or the person on whose behalf you claim to act to verify your authorization.

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Website(s) and Services do not respond to “do not track” signals.