Effective:  June 2019
Revised:    August 2023

1. Introduction and Objectives
2. About This General Privacy Policy
3. PII We Collect
4. How PII is Collected
5. How We Use PII
6. Information Sharing
7. Your Privacy Preferences
8. Our Sites and Children
9. Calls Recordings
10. Security and Links
11. Our Tracking Techniques, Cookies and Way to Control Our Tracking Tools
12. Contact Us
13. Notice to Residents of Quebec
14. Your California Privacy Rights
15. Notice to Nevada Residents
16. Privacy Policy According to the GDPR
17. Changes to the General Privacy Policy and the Specific Policies Pertaining to Certain Jurisdictions

1.    Introduction and Objectives

Each of Bath Fitter Distributing Inc. (“BF Distributing”) and its affiliates (which shall include any entity that directly or indirectly (including through one or more intermediaries), controls, is controlled by, or is under common control with BF Distributing, each a “BF Affiliate”, and collectively the “BF Affiliates”), and Bath Fitter® franchisees, who either post this General Privacy Policy on their websites, or use Website (as defined herein) as their website (the “Franchisees”, and collectively with BF Distributing and the BF Affiliates, and/or individually, “BF Group” “our”, “us” or “we”) values and respects the privacy of its customers and the visitors of the https://www.bathfitter.com website (the “Website”).

Accordingly, the purpose of this General Privacy Policy (the “General Privacy Policy”) is to provide you with information about how BF Group collects, uses, and shares personally identifiable information it gathers from customers and Website visitors (“PII”). The General Privacy Policy also describes the choices you can make about our use of your PII.

2.    About This General Privacy Policy

This General Privacy Policy describes the privacy practices adopted by BF Group. However, this General Privacy Policy does not apply to Bath Fitter® franchisees, other than Franchisees, or PII shared with, or processed by, third-party websites you accessed through our Website.

The General Privacy Policy covers our interactions with customers and visitors, including, but not limited to:
·       Use of our Website, including any mobile interface, and web forms;
·       Entering into any agreement with any member of BF Group;
·       Visits to our Bath Fitter® stores or attendance at any of our events;
·       Any type of communication;
·       Social media interactions with us on our Website and other third-party websites, such as, but not limited to Facebook, YouTube, Pinterest, TikTok, Instagram and Twitter;
·       Viewing our online advertisements or emails; and
·       Any interactions with or through our authorized Service Providers (as defined herein).

3.    PII We Collect

Our collection efforts are designed to improve your purchasing experience, and to provide relevant information about our products, services, and promotions. To do this, we may collect the following PII:

Contact information

We collect the names, cell or home phone numbers, email and/or postal address of customers and/or potential clients, who placed an order with us, entered into any agreement with us, completed our online form to request an estimate, appointment,
and discuss a project, or to ask us any question, or contacted us for any other reason.

Note that if you wish to unsubscribe from our email campaigns, please click on the Unsubscribe
link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we
will still send you messages related to our transactions and relationship with you, such as order
confirmations. If you wish to stop receiving text messages from us, reply STOP, QUIT,
CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more
information, see our Email and Text Communication Terms and Conditions (available at: https://www.bathfitter.com/us-en/privacy-policy/).

Additionally, we may collect your purchase history, billing addresses, electronic signature (when necessary or advisable) and other digital contact information. We may also collect information that you provide to us about others.

Payment and Financing Information

When you make a purchase, we may collect your payment information, including information from your credit or debit card, check, PayPal account or gift card.

If you apply for a BF Group-administered loan or financing, we might collect any other information related to your application.

Demographic Information

We may collect information about reviews you submit and other data like your age and gender.

Usage Data

We collect and process usage data that includes information about how you use our Website, products and services.
We might also track the pages you visit, look at which website you came from, or which website you visit when you leave us. We collect this information using the tracking tools described in the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this General Privacy Policy.

Aggregated Data

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your PII, but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect aggregated data with your PII so that it can directly or indirectly identify you, we treat the combined data as PII which will be used in accordance with this General Privacy Policy.

Social Media Information, and Information Provided Electronically

If you interact with us on social media, such as, but not limited to Facebook, YouTube, Pinterest, TikTok, Instagram and Twitter, we may collect your username, other PII, and any of the information or content that you provide through our Website, device applications, or online forums.

Technical and Geolocation Data

We collect technical data that includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform (collectively, the “Technical Data”), and other technology on the devices you use to access this Website.
If you use our mobile website (including the Website), mobile applications, or other smart device applications, we may collect location data obtained from your device (including the IP address). If you use our Website, we may collect location data obtained from your IP address. For more information, please consult “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” Section.

Employment Information

If you apply for an employment opportunity, we may collect certain PII that you provide to us (whether it be in a resume, cover letter or similar employment-related materials, or any applicable pre-screening questions). With respect to our current respective employees, we collect their PII for employment-related purposes, as permitted by applicable law. We may also collect PII of our respective employees when it is necessary for rendering services by BF Group.

PII Collected Through the Free In-Home Consultation Form

The Free In-Home Consultation is an optional form to fill out if you are interested in a BF Group product. You do not have to fill out the form to browse our Website online. When filling out the form, you are asked for PII such as your name, address, phone number and email address that you select. This information may be used to help our sales representatives contact you to answer any questions or provide you with a free in-home consultation appointment.

Note that if you wish to unsubscribe from our email campaigns, please click on the Unsubscribe
link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we
will still send you messages related to our transactions and relationship with you, such as order
confirmations. If you wish to stop receiving text messages from us, reply STOP, QUIT,
CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more
information, see our Email and Text Communication Terms and Conditions (available at: https://www.bathfitter.com/us-en/privacy-policy/).

4.    How PII is Collected

We collect PII directly from you or from others if they provide your PII to us.

To illustrate the manner we collect PII, below we list just some examples of how and when we may collect PII from you:
·       During your Website visit or through a completed form;
·       If you upload or share a photo, a video or a comment, submit a request, submit any information, or post other digital content through Website, applications or via social media interactions on third-party websites like Facebook or Twitter;
·       If you register for a referral program or apply for a BF Group managed loan or financing;
·       If you participate in a survey, provide feedback regarding BF Group services, or decide to post a review;
·       If you participate in a sweepstakes, contest, promotion, program, clinic or workshop;
·       If you request a quote, warranty or other information;
·       If you use a rebate;
·       If you apply, inquire about employment, or when you accept our employment offer;
·       If you provide PII to our employee or other agent during a phone conversation (please, note that such conversations are not recorded in California, Illinois, Texas and Washington) or in any other type of communication with any of our employees or other agents; or
·       In connection with your interactions with us as a registered user of our Website.

We may collect your PII through automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. Please see the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this General Privacy Policy for more details.

We may get PII about you from other sources, such as third-party business partners, such as Google Analytics. We may collect PII about you from a friend or other relative. For example, if your friend provides your PII through one of our refer-a-friend type features.  If you use one of these features, please ensure that you only submit email addresses and other PII of individuals, with whom you have a close personal or family relationship, who would be interested in receiving the communication, and who have authorized you to share their email address and other PII.

5.    How We Use PII

We use the PII we collect for our business purposes, including:

To respond to your questions and requests.
Examples include, but are not limited to:
·       Fulfilling orders, ensuring proper delivery/installation or providing services (e.g. delivering an electronic copy of your receipt);
·      Answering questions about services, products, projects, providing estimates, booking a
consultation, making appointment;
·       Administering your participation in a contest, sweepstakes or other promotion, including shipping any prizes you might have won;
·       Registering you for a particular website, referral program, or extended warranty service or providing you with information regarding programs or services;
·       Processing a service request;
·       Responding to a product or service review.

Note that if you wish to unsubscribe from our email campaigns, please click on the Unsubscribe
link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we
will still send you messages related to our transactions and relationship with you, such as order
confirmations. If you wish to stop receiving text messages from us, reply STOP, QUIT,
CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more
information, see our Email and Text Communication Terms and Conditions (available at: https://www.bathfitter.com/us-en/privacy-policy/).

To enter into an agreement with you.

We may use your PII to negotiate an agreement with you, enter into an agreement with you, and store the agreement for our records.

To improve our products and services.

We may use your PII to make Website, device application, or product and service improvements, and also to identify certain trends or preferences in websites and mobile applications.
We might use your PII to customize your experience with us. We may collect information about your activities and interactions with various devices and link that information. Through cross-device linking, we provide customers with a consistent experience across devices used. We may also combine information we get from you with information about you we have received from third parties or publicly available sources to assess trends and interests.

For security and loss prevention purposes.

We may collect/use your PII to protect our business, our facilities, customers, our respective employees or our Website. For example, we might use cameras in our stores to track store traffic and stock.

For our marketing.

In certain circumstances, we may send you communications about special promotions or offers via regular mail, email, or other electronic channels, including ads on social media platforms. We may send you emails if you have registered on Website, indicated that you want to receive this information, or if you gave us your information at one of our stores or events. We may also notify you of new Website features or product and service offerings. To manage our communications with you, follow the instructions in the “Privacy Preferences” section of this General Privacy Policy below. We may use information collected across different online services and the various devices you use in order to deliver marketing communications (including online ads) based on your interests. For example, if you view a product on our Website, you may see ads for that product on our or third-party websites and applications.

Note that if you wish to unsubscribe from our email campaigns, please click on the Unsubscribe
link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we
will still send you messages related to our transactions and relationship with you, such as order
confirmations. If you wish to stop receiving text messages from us, reply STOP, QUIT,
CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more
information, see our Email and Text Communication Terms and Conditions (available at: https://www.bathfitter.com/us-en/privacy-policy/).

To communicate with you about your account, our programs, your feedback, and any rebates.

We may contact you to inform you about changes to this General Privacy Policy, the Terms of Use of our Website or device applications, or changes to any of our programs in which you might be enrolled. We may also tell you about issues with your orders or if there is a product or service rebate, or we may ask for your feedback or review of services rendered and/or products sold by BF Group.

For employment purposes.

We may use the PII you provide in connection with a job application or related inquiry for the purpose of processing and responding to your application or inquiry. We may further use your PII when you accept our employment offer to comply with obligations imposed on BF Group by applicable law, or when and as it is necessary for rendering services by BF Group.

For social media.

When you engage with our content through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain social media account information (e.g., name, username, email address, gender) as determined by the settings of the social media services to deliver the content or as part of the operation of the Website, plug-in or application. Social media platforms may collect information about your use of our services and may notify other users of the platform about your activities on our Website and device applications. Social media services may also use cookies or other technologies to provide services or track your online activities over time and across multiple websites and device applications. Your interactions with social media features are governed by the respective privacy policies of the companies providing the features.

For quality purposes (including identifying trends and efficiencies)

Except California, Illinois, Texas and Washington, we may use PII recorded during phone calls for training and quality management purposes. Please, note that such recorded calls may be shared with Medallia, Inc., headquartered in San Francisco (“Medallia”) or some other third-party processor of our choice, that will be hosting, and/or processing the recordings and/or will be preparing a transcript thereof. For further information on call recordings, please refer to “Call Recordings” section of this General Privacy Policy.

For other uses we may disclose to you.

We may use your PII for other purposes consistent with those for which it was collected. We may also use your PII, as permitted or required by applicable law, including but not limited to, upon receiving, and in accordance with, your consent.

6.    Information Sharing

We may share your PII for our business purposes and as legally required or permitted, including, but not limited to:

With third parties, who perform services on our behalf (the “Service Providers”).

We share PII with our Service Providers, such as, but not limited to, Google, Facebook, Medallia, RDI, TigerTel, Bullhorn, Ultipro and Bing. We might also authorize our Service Providers to collect PII on our behalf. Some Service Providers may be located outside of the United States and/or Canada. These Service Providers may also have their own privacy statements that stipulate the manner, in which they will collect, use and disclose (process) PII. We encourage you to review each Service Provider’s privacy statement. We might also share information with the vendors and manufacturers of our products and services to respond to your reviews and questions.

To offer financial products.

We use Service Providers to offer financial products, such as Wells Fargo, Snap, Greensky, Aqua Finance, Fortiva & Genesis Creditloans/financings. We may share PII about you with these Service Providers in order to provide you with tailored information about products and services and special offers. These Service Providers also have their own privacy statements that stipulate the manner in which they will collect, host, process, use and disclose PII. We encourage you to review each Service Provider’s privacy statement at the time you submit your application for financial products.

With any buyer successor to all or part of our business.

We may share, dispose of, assign or otherwise disclose your PII to any prospective acquirer or assignee of all or part of the assets or shares of any of BF Group’s businesses (or any portion thereof), either in the ordinary course or in connection with bankruptcy proceedings, in liquidation or other similar proceedings, to the extent that your PII is part of the transaction.

In order to comply with applicable law.

We will disclose PII to respond to a court order or subpoena. We may also disclose PII if a government agency or investigatory body files a request.

With our business partners.

We might share PII with one of our franchisees or a business partner, who is running a joint promotion with us, who provides a product or service in partnership with us, who is collecting from clients and prospective clients reviews of our services or feedback thereon, or with whom we share PII of clients and prospective clients due to the overlap between the location of business partners, and residency of such clients and prospective clients (so-called “lead sharing”). These franchisees and business partners could also have their own privacy statements that set out the manner, in which they will collect, process, host, use and disclose PII. We encourage you to review each such franchisee or business partner’s privacy statement before signing on with them.

To protect us, or a third party.

We will disclose PII if we suspect fraud, or in any other case to protect us, or any third party. We will also share PII as part of an investigation. We may also disclose PII to assist us in collecting a debt owed by you.

For quality insurance purposes (including identifying trends and efficiencies)

Except California, Illinois, Texas and Washington, where our phone conversations with you will not be recorded, we will share the recordings of our other conversations with you and the related PII collected during such conversations with Medallia or any other third party of our choosing to process the recordings and prepare a transcript thereof, so we can improve the quality of services we offer, as well as identify trends and efficiency gain opportunities.

By your request.

For example, if you ask us to provide your PII to a third-party to facilitate the resolution of a dispute.

7.    Your Privacy Preferences

You can register or change your preferences to receive or not receive marketing communications from us by emailing us. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, responding to customer service inquiries, asking you to review a product or service you have ordered, or notifying you of product or service rebates. If, in the future, you do indeed want to receive marketing communications from us we will remove your PII from our opt-out database.

For more information about how we may collect information to provide you with interest-based ads or learn about our users’ interests and how you may register your preferences regarding that collection, please read the “Our Tracking Techniques, Cookies, and Way to Control Our Tracking Tools” section of this General Privacy Policy for more details.

8.    Our Sites and Children

Our Website and device applications are not created for children.  No minor may provide any PII to us or on Website. We do not knowingly collect PII from minors. If you are a minor, do not use or provide any PII on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any PII about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received PII from a minor without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor, please contact us at privacy@bathfitter.com.

Minors in some jurisdictions may have additional rights with respect to their PII based on their age. As appropriate, please refer to the provisions applicable to these jurisdictions (Quebec, California, Nevada and Europe, including the United Kingdom).

9.    Calls Recordings

Except for inbound and outbound calls by and between our employees or our agents/representatives and residents of California, Illinois, Texas and Washington, inbound and outbound calls by and between our employees or our agents/representatives and residents of all other States and provinces could be recorded for quality purposes.

In case of inbound calls, a pre-recorded message informing the calling party about the call being recorded will be played before the conversation may commence, and in case of outbound calls, our employees shall announce verbally to the other party, before the conversation may commence, that the conversation will be recorded.

The fact that you continue the conversation following this message or announcement shall be deemed to constitute your consent to the recording of the conversation. Please, note that your consent to having the calls recorded is voluntary and may be withdrawn at any time. To withdraw your consent, you will need to do so in clear terms. In such a case, we will cease the current recording, if any, and we will also promptly comply with your instructions regarding any prior or subsequent communications. Recorded conversations will further be shared with Medallia, or some other third-party processor of our choice, that will be hosting and processing the recordings and will be preparing a transcript thereof. Medallia’s privacy policy is available at: https://www.medallia.com/privacy-policy/.

The purpose for processing of call recordings and preparing a transcript thereof is to evaluate and improve the quality of our customer service and identify trends and efficiencies. Such transcripts will be further also used in the process of reviewing the quality of services rendered by our employees, and their overall performance.

The recordings may also be hosted on third-party servers or cloud.

10. Security and Links

While we use industry standard means to protect our Website and your PII, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot guarantee use of our Website or mobile applications are 100% secure. We encourage you to use caution when using the Internet. Our Website contains links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This General Privacy Policy does not apply to the information collected or processed by those websites. You should carefully read the privacy policies of other websites. We are not responsible for third-party websites.

By providing your PII on the Website, or entering into an agreement with us, or interacting with us in such a way that you have provided your PII to us, you agree that your PII could be collected, hosted, transferred, stored and further used or processed in Canada, and/or in the USA and/or via cloud computing.

11.    Our Tracking Techniques, Cookies and Way to Control Our Tracking Tools

Tracking Tools We Use, Cookies

We collect PII and other information about users over time and across different websites, including cookies, browser and flash cookies, web beacons, and server logs and other similar technologies to collect your information passively and other devices when you use this Website or service.
We (and our third-party Service Providers) use cookies in order to:

·      Distinguish you from other users of the Website. This helps us provide you with a good experience when you browse the Website and also allows us to improve it;
·      Track new visitors to our Website;
·      Recognize returning customers;
·      Learn what site referred you to our Website or device application;
·      Personalize your experience on our Website, device application and on third-party social networking websites, plug-ins and applications;
·      Collect and store geographic data determined by the IP address of your computer;
·      Optimize and tailor our Website and device applications;
·      Make product recommendations and provide you with advertising content we believe may be of interest to you. As part of this customization, we may observe your behaviors on our device applications, our Website or on other websites. We may also get information about your browsing history from our trusted business partners and vendors so we can better understand our audience, our customers, our Website visitors and device application users, and their respective interests, which includes learning about your online activities across devices.

We or third parties may also collect or receive information from our device applications and others’ device applications and use that information to provide measurement services and targeted ads.

We only place cookies where you have given us consent to do so. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the Website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. All cookies will expire after a two-year period.

We use the following cookies:
·       Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily;

·       Functionality cookies. These are used to recognize you when you return to the Website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region);

·       Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below: