Effective Date: 12.05.23
NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”). THE GDPR PROVIDES THE EU’S DATA SUBJECTS (AS SUCH TERM IS DEFINED IN THE GDPR) WITH SPECIFIC RIGHTS WHICH ARE EXPLAINED TO SUCH PARTIES IN PARAGRAPH 9, BELOW.
- INFORMATION WE COLLECT
During a User’s access or use of the Website or any other AWA Program, AWA may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which You provide to Us, as described in Section 1.1 below, or which is automatically collected, as described in Section 1.2 below (hereinafter collectively referred to as the User’s “Personal Information”).
1.1 INFORMATION YOU PROVIDE TO US.
We collect Personal Information that You provide directly to Us, including without limitation any Personal Information You provide during Your use of the Website or any other AWA Program. For example, we may collect Personal Information from You if You:
- provide Us with any data about You through the Website or any other AWA Program, or via telephone;
- create an account with Us;
- seek, purchase or otherwise request any of AWA’s products/services;
- request any customer support;
- request any exchange or return of any of AWA’s products/services;
- request any information from or about AWA, such as a newsletter, e-alert, or any other information about Our products/ services, events or business partners;
- fill out any other information through any AWA Program;
- communicate with any other representative of our AWA;
- communicate with Us via third party social media sites;
- participate in any contest, loyalty program, promotion or sweepstake; or
- otherwise communicate with Us in any other way.
In these instances, the following are the types of Personal Information that may be collected from You:
- Your name;
- Mailing address and/or billing address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth or age;
- Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
- Information about Your bank or checking account (if you make a payment through Your bank transfer);
- Gift card information or related gift information;
- Information You provide when You seek, purchase, or otherwise request any of AWA’s goods/services, including product/service parameters or preferences You provided when making such request;
- Name of the person’s employer, the person’s title/position at employer, and any membership in professional associations;
- Gender, race, national origin, religion, marital status, citizenship, educational levels, military status/service, disability/other medical condition; and
- photos, videos, audio or similar content uploaded by You.
When you interact with an email from us, we may receive a confirmation that you have done so, the purpose of which is to allow us to make our communications more tailored to your needs as well as to improve our services. If at any time you no longer wish to receive emails from us, you may use the unsubscribe functionality at the bottom of the email received.
If we work with third-party service providers, we may obtain information about you, including but not limited to demographic information, contact information, publicly available data, and email addresses. We may use this information for legitimate business purposes, including the performance of a contract, customer support, marketing and fraud prevention in connection with the Website. If you receive an email from us which was sourced from a third-party service provider and wish to opt out, please use the unsubscribe functionality found at the bottom of the email to do so.
1.2 INFORMATION AUTOMATICALLY COLLECTED.
When a User accesses or otherwise uses the Website or any other AWA Program, We automatically collect certain Personal Information about You, including:
- Device Information. We (or our service providers) may collect information about the computer, tablet, phone or other device you use to access any of AWA Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers (hereinafter collectively referred to as “Device Identifiers”).
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If any of Our AWA Programs offer any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our AWA Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our AWA Program. Your interactions with these features maybe governed by the privacy policies of AWA providing it (see Section 8 regarding Third Party Sites).
(i) Publicly available information from government records.
(ii) De-identified or aggregated consumer information.
- HOW WE USE YOUR INFORMATION.
2.1 PRIMARY WAYS WE USE YOUR INFORMATION. User’s Personal Information may be gathered, collected, recorded, held, or otherwise used by or on behalf of AWA (including by Our service providers) to provide, maintain, and improve our Services to You, including for the following purposes:
- Process your transactions with AWA through the Website or any other AWA Program;
- Send support and administrative messages, and respond to your comments, questions, and customer service requests;
- Communicate with you about products, services, offers, or any other events offered by Us and others, and/or to offer and provide you with news and information AWA thinks will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- Allowing you to sign up and participate in any other AWA communication resources, including without limitation any AWA newsletters or blogs (if you prefer not to continue to receive these other AWA communications, , you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- Monitor and analyze trends, usage, and activities in connection with AWA’s goods/services and industry;
- To protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
- Personalize Your experience and the advertisements and content You see when You use any AWA Program based on Your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for AWA’s tax reporting) or as may be requested under any subpoena;
- To facilitate Your use of various social media sharing features or other integrated tools (including, for example only, certain Facebook features, such as a Facebook “Like” button) which You may use as part of social media pages;
- To facilitate any contests, sweepstakes, loyalty programs, or promotions and process and deliver entries and rewards; or
- To carry out any other purpose described to You at the time the Personal Information is collected.
2.2 OTHER WAYS WE MAY USE YOUR INFORMATION. In addition to the above, Your Personal Information may be gathered, collected, recorded, held or otherwise used for the following additional purposes:
- To use with, or otherwise distribute, share or disclose to, any of AWA’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
2.3 OTHER TERMS REGARDING THE USE OF YOUR INFORMATION.
2.3.1 AWA may also use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
- SHARING OF INFORMATION
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of AWA Programs, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- Analytics companies who assist Us with various types of data analytics (see Third Party Analytics Tools or Services below);
- Third parties delivery or shipping service providers; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Third Party Application Providers. If a third-party application is used to support Our AWA Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors, other third party payment service providers, or intermediary services that assist in processing your payments.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through AWA Programs.
- Social Media Features. AWA Programs may, now or in the future, offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of AWA; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY AWA PROGRAM.
- AWA’s Outside Professionals. We may share or disclose Your Personal Information with any of AWA’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to AWA.
- Consent. We may also share or disclose Your Personal Information with your permission.
- CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
4.1 OPT-OUT FROM RECEIVING INFORMATION FROM AWA.
4.3. GEO-LOCATION DATA.
You may be able to prevent your device from sharing precise location information, including without limitation some or all of the Geo-Location Data described in Section 1.2 above, at any time through your device’s operating system settings
4.4. CHILDREN; COPPA NOTICE.
This Website and other AWA Programs are not directed to children under the age of 13. We adhere to the U.S. federal Children’s Online Privacy Protection Act (“COPPA“) and will not knowingly register or otherwise collect any Personal Information from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Information to AWA. If You have reason to believe a child under the age of 13 has provided AWA with any Personal Information, please contact AWA at [email protected] and request that such information be deleted from Our records.
4.5 COOKIES POLICY; HOW YOU CAN DISABLE COOKIES.
4.5.3 Disabling Cookies. You can prevent the setting of cookies by adjusting the settings on Your browser (see Your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that You visit. Disabling cookies will usually result in also disabling certain functionality and features of this Website or any other AWA Programs. Therefore, it is recommended that You do not disable cookies.
4.5.4 The Cookies We May Set.
- Email newsletters related cookies: The Website or other AWA Program may offer newsletters or other types of email subscription services and cookies may be used to remember if You are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- Orders processing related cookies: The Website or other AWA Program may offer e-commerce or payment facilities and some cookies are essential to ensure that Your order is remembered between pages so that We can process it properly.
- Contact or comment related cookies: When You submit any other data through the Website or other AWA Program, certain contact or comment-related cookies may be set to remember Your user details for future correspondence or transactions.
- As noted in Section 3, the Website or other AWA Program may use Third Party Analytics Tools or Services (including without limitation Google Analytics) which provides Us with widely-used analytics tools or services to help Us better understand how You and other Users are utilizing the Website or other AWA Program in order to allow Us to improve Your experience. These cookies may track things such as how long You spend on the Website or other AWA Program and the pages that You visit so we can continue to produce engaging content.
- Third Party Analytics Tools or Services are also used to track and measure usage of this Website or other AWA Program so that We can continue to produce engaging content, help Us to understand how We can improve the Website or other AWA Program site for You and and/or to give Us a better understanding of broader industry trends
- From time to time, We test new features and make subtle changes to the way that the Website or other AWA Programs are delivered. When We are still testing new features these cookies may be used to ensure that You receive a consistent experience while on the Website or other AWA Program while ensuring We understand which optimizations the Users appreciate the most.
- As We promote our products or services, it’s important for Us to better understand statistics about how many of the visitors the Website or other AWA Programs actually make a purchase or which AWA products or services the Users viewed the most and, thus, this is additional types of data that these cookies will track. We consider this to be important to You as it means that We can accurately make business predictions that allow Us to monitor our advertising and product /service costs to ensure the best possible services to all of the Users.
6. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any AWA Program. Without in any way limiting the foregoing, User acknowledges and agrees that AWA does not have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to AWA, including such Personal Information once it is stored, described or otherwise contained in the Website or in any other AWA Program.
7. LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The Website or other AWA Programs may now or in the future provide links or other access to Internet websites, forums or other programs which are not under AWA’s sole control and not solely owned by AWA (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. AWA IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Website or any other AWA Program does not imply any endorsement of the privacy practices of such Third Party Site by AWA, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
9. ADDITIONAL NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”).
9.1. DATA SUBJECT RIGHTS UNDER GDPR.
Data Subjects (as such term is defined in the GDPR) are hereby notified that they have the following additional rights pursuant to the GDPR:
- Pursuant to GDPR Article 15 (Right of Access by the Data Subject), to obtain from Us confirmation as to whether or not Personal Data (as such term is defined in the GDPR) has been Processed (as such term is defined in the GDPR) and, if that is the case, access to that Personal Data and additional information about how it has been Processed, including without limitation: (i) the purpose of the Processing; (ii) the category of Personal Data concerned; (iii) the categories of recipients to whom the Data Subject’s Personal Data has been disclosed; (iv) the planned retention period; (v) the existence of Your right of rectification, deletion, limitation of processing or opposition; (vi) the existence of a right to complain; (vii) the source of the collection of Personal Data if not collected from Us; (viii) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
- Pursuant to GDPR Article 16 (Right to Rectification), to request the correction (modification) of incorrect Personal Data or any completed Personal Data stored by Us;
- Pursuant to GDPR Article 17 (Right to Erasure; “Right to be Forgotten”), to request the deletion of the Data Subject’s Personal Data stored by Us, except for the allowed continued uses permitted by the GDPR, including without limitation as far as the Processing is needed to exercise the right to freedom of expression and information, for the fulfillment of a legal obligations, for reasons of the public interest or for the assertion, exercise or defense of legal claims if required;
- Pursuant to GDPR Article 18 (Right to Restriction of Processing), to demand the restriction of the Processing of the Data Subject’s Personal Data where one of the following applies: (i) as far as the accuracy of the Personal Data is disputed by the Data Subject; (ii) the Processing of the Personal Data is unlawful, but the Data Subject rejects its deletion; (iii) We no longer need the Personal Data, but the Data Subject requires it to exercise or defend legal claims; or (iv) the Data Subject has objected to the Processing of the Personal Data in accordance with GDPR Article 21;
- Pursuant to GDPR Article 20 (Right to Data Portability), the right of the Data Subject to receive his/her Personal Data as provided to Us, in a structured, common and machine-readable format or to request the transfer to another person responsible;
- Pursuant to GDPR Article 7(3) (Conditions of Consent), the Data Subject’s right to withdraw, at any time, the Data Subject’s once granted consent. As a result, We are no longer allowed to continue the Processing of Personal Data based on that consent for the future, but such withdrawal does not affect the lawfulness of the Processing of Personal Data based on such consent before such withdrawal; and
- Pursuant to GDPR Article 77 (right to Lodge a Complaint with a Supervisory Authority), the right of the Data Subject to complain to a Supervisory Authority, as such term is defined in the GDPR. As a general rule, the Data Subject can contact the Supervisory Authority of the Data Subject’s usual place of residence or work or place of the alleged infringement.
9.2. LEGAL BASIS FOR AWA’S PROCESSING OF PERSONAL DATA UNDER GDPR
AWA may process your Personal Data (as such term is defined under the GDPR) under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which AWA is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in AWA.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by AWA.
In any case, AWA will gladly help to clarify the specific legal basis that applies to the Processing of your Personal Data, and in particular whether the provision of Personal Data (as defined under the GDPR) is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
10. UNAUTHORIZED RELEASE OF DATA
In the event of an unauthorized release of your Personal Data or data breach that AWA determines in its sole discretion may result in risk to your rights and freedoms, AWA will within 72 hours after becoming aware of such breach notify you and the appropriate authorities. The contents of AWA’s notice and subsequent communications shall be in conformity with guidelines set forth in GDPR Articles 33 and 34.
11. COMMUNICATING WITH AWA.