CALIFORNIA PRIVACY NOTICE

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 California law. This includes login credentials. Each type of Sensitive Personal Information may overlap with a category of Personal Information listed above.

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).

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 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.

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 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:

Beginning July 1, 2023, you may also exercise your right to Opt-Out of Data Sharing and Sales by enabling your browser’s Global Privacy Control (GPC) setting. We will not collect any Personal Information for any session where GPC is enabled in the browser, except the information necessary to enable basic website functionality available to all customers such as product sale, payment, and delivery (including critical functionality cookies).

In those sessions where your browser’s GPC setting is enabled and we can identify you (e.g., if you logged in to the Website(s) or completed an online form), we will assume the “GPC enabled” setting in your browser is meant to convey a request to Opt-Out of Data Sharing and Sales, which will be acknowledged and completed per our standard process. If we are not able to reasonably associate a GPC signal with an identifiable consumer, we will treat it as a request to opt-out of the sale or sharing of that user’s Personal Information collected while the signal is present. While the signal is present, we will also disable any third-party cookies or other third-party tracking tools present on the websites that are related to the sale or sharing of Personal Information.

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.