Last Updated: January 1, 2023
Download Privacy Notice
Please read this Notice carefully. If needed, you can click on one of the links below to jump to the listed section:
- What this Notice Covers
- Collection of Personal Information
- Use of Personal Information
- Sharing Personal Information
- Data Security, Transfer, Retention
- Managing your Personal Information and Your Rights
- Notice to California Residents – Your Rights
- Cookies, Related Technologies & Online Ads
- Other Privacy Issues
- Changes to this Notice
- Contact Us
This Privacy Notice (“Privacy Notice”) aims to provide you with a better understanding of how we collect, use, and share your personal information, as well as your rights and choices in relation to that information.
2.What this Notice Covers
This Privacy Notice covers our privacy practices in connection with our customers, visitors, commercial users and other users of our website(s), products and services (collectively, the “Services”). It applies to all individuals who visit our websites that link to this Notice, and otherwise engage our Services, and supply goods and services to us, as well as any other individuals about whom we obtain personal information, unless we specifically state otherwise. Our privacy practices with respect to our job applicants, employees and contractors are addressed through separate policies and are outside the scope of this Notice.
As used in the Privacy Notice, the following words have these meanings:
- “MITER,” “our,” “us,” and “we” refers to Milgard Manufacturing, LLC and our Affiliated Entities.
- “Including” means “including but not limited to.”
3.Collection of Personal Information
A.What is Personal Information?
“Personal information” means information from or about an identified or identifiable person, including information that we can associate with an individual person. However, the definitions of personal information and sensitive personal information can vary by region. If we collect data that is considered personal information or sensitive personal information in your region, we will treat it as such in accordance with this Privacy Notice and applicable law.
B.How do we get your Personal Information?
We may collect personal information about you in several ways, including:
- Directly from you or your agents, including information you provide to us when interacting with our customer service, or filling out forms, signing up for an account (if you are representing a distributor, dealer or retailer of the products associated with our Services), registering a product, or making a warranty claim on the websites associated with our Services.
- Indirectly from you or your agents, including information you provide to our distributors, dealers or retailers in connection with your purchase of products associated with our Services, and information automatically collected when you visit and use the websites associated with our Services,
- Directly or indirectly from your engagement with our service providers and contractors, including information you provide to customer service or when you sign up for our newsletters, surveys, contests, promotions, special events, product catalogs, other marketing materials, and incentive programs.
- From third parties that interact with us in connection with the Services, including information collect through analytics.
- From our Affiliated Entities.
- From other sources: On occasion, we combine personal information with other online information we receive, including usage information about your interactions with other websites and with online advertising and media. We also supplement or combine Information with personal information from a variety of other sources or outside records, including third-party data providers that provide us with information such as demographics, transaction and purchase history, information about the content and advertisements you interact with, or inferences about your demographics or preferences.
- From publicly available sources. We may also obtain information from publicly available sources, including property records.
C.Personal information we collect:
We collect personal information you provide to us when engaging with our Services, including:
- Identifiers associated with registration, account, and sign-up information. We may collect personal information in the course of your use of, or registration with, our Services. For example, when you create an account, register for or download our app, express interest in our Services, submit a product registration, make a warranty claim, buy parts directly from us, or otherwise engage our customer service, you may provide us with certain personal information, including:
- Contact information, including your name, phone number, postal address, fax number, email address;
- App / Account information (if you are representing a distributor, dealer or retailer of the products associated with our Services), including your Contact Information, username and password.
- Product registration information, including your Contact Information, Commercial information about the Services you have purchased;
- Warranty claim information, including your Contact Information and Commercial information about the Services you have purchased, including product registration information. We may also combine warranty claim information with information from publicly available sources, such as property records, to confirm that you are the holder of the warranty.
- Marketing information, including the Contact Information you provide when signing up for our newsletters, surveys, contests, promotions, special events, product catalogs, other marketing materials, and incentive programs;
·Financial information: If you make a purchase or other financial transaction through our Services, including purchasing a replace part for a product associated with our Services or making a warranty-transfer fee payment, we may collect your credit card numbers, financial account information, transaction details, and other payment details.
Commercial information: We collect information about your transaction and purchase history with us.
- Other information you provide. When you or your agent interacts with our Services, you may share other information about yourself by, for example, publishing and sharing the information with one of the websites (such as on a message board), or filing out a survey. Sometimes you may also choose to provide more sensitive forms of personal information to us, such as information regarding your gender, age, date of birth, and similar demographic details. For example, we may collect this type of information if you participate in surveys, contests, promotions, special events, and incentive programs. We collect this information with your consent, if required by law, and we take steps to protect and limit any use of it to the purposes for which it is provided. We may use third party service providers and/or third-party software to record voice or text chat to help address customer service inquiries.
- Feedback and correspondence: We may also collect information about your interest in and use of various products, services, and content available on or through our Services. We collect any feedback or correspondence you provide, including through written communications, requests for information from us, requests for and receipt of customer support, responses to surveys, and your interactions with our pages on social networking online sites or services.
- Technical and usage information. We also automatically collect certain technical and usage information when you use our Services, such as the type of device, browser, and operating system you are using, accounts you link together, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and apps you use, advertisements you see and interact with, and certain usage information. See section 9, Cookies, Related Technologies and Online Ads, for more information on how we may use these technologies to collect this information. We may use service providers or other solutions to record users’ interactions with our Services, which may include mouse clicks, mouse movements, page scrolling, and keystrokes/key touches during those sessions. We typically use these recordings to diagnose issues, identify areas for improvement of our Services, and encourage further engagement with our Services.
- Location information: In connection with certain features and depending on the functionality of the Services, we collect your general location information, such as through IP addresses or the location information you choose to provide.
- Information collected in association with our distributors, dealers, and retailers: We may also receive personal information from the distributors, dealers, and retailers who help us sell the products associated with our Services, including who is buying what products in what geographic area; rates of failure/return/ and reasons why; critiques and requests for improvements; repeat customers; and pricing issues, if those issues can be associated with an individual. In this regard, our business partners may register the products associated with our Services on your behalf, in which case they may provide us with your Contact Information and Commercial Information about the Services you have purchased.
4.Use of Personal Information
We use your personal information to provide, administer, analyze, manage, and operate our Services and to help you obtain the products and services described on our Services. For example, we use your information for the following purposes:
- Providing our Services: We may use the personal information we collect about you through our Services to fulfill your requests for, and otherwise provide or analyze your use of our products, services, and content on the Services, to facilitate sharing and other interactions with social media sites, and to provide, develop, maintain, personalize, protect, and improve your experience and our Services. For example, we use Information we collect to enable you to do things like (i) get information about our products and services described on the Services, (ii) create and administer your account with us; (iii) process your requests for our Services, including product registration, warranty claims, and parts replacement; (iv) locate and access distributors, dealers and retailers of our Services based on your general location, (v) facilitate your engagement with customer service; (vi) fill out surveys or provide feedback, (vii) enter promotions, contests, and sweepstakes, and (vii) facilitate the delivery of newsletters, surveys, contests, promotions, special events, product catalogs, and incentive programs to you.
- Marketing, Promotions, and Advertising: We may use the personal information we collect about you through our Services to offer, market, and advertise products, programs, and services from us and our Affiliated Entities, business partners, and select third parties that we believe may be of interest to you or assess features of our Services and options to encourage more engagement.
- Research and Development: We may use personal information we collect in order to develop, test, and improve our Services.
- Use of technical and usage information. We may use technical and usage information to improve the design, functionality and content of our Services and to enable us to personalize your experience with our Services and the products and services offered in association with the Services. For example, we may use this Information (i) to provide, develop, maintain, personalize, protect, and improve our Services, products and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Services, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about groups or categories of our users, and (iv) for us and our affiliates, business partners, and select third parties to target, offer, market, or advertise products, programs, or services.
- Internal Business Purposes: To administer our business operations such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, and meeting our legal obligations, prevent, investigate or provide notice of fraud or unlawful or criminal activity, enforce and carry out contracts and agreements, and otherwise comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our Terms or policies.
5.Sharing Personal Information
We share personal information as described below, including with your consent or as necessary to complete your transactions or provide the products and services you have requested. In addition, we may share each of the categories of your personal information described above with the parties described below for the following business purposes:
- Affiliated Entities - We share your personal information with our Affiliated Entities in order to facilitate delivery of a product or service or complete a task that you requested, and to facilitate our internal business purposes, for example, where we share common data systems, or when affiliates provide products or services on our behalf.
- Service Providers and Contractors – We share your personal information with our service providers and contractors to process information on our behalf for business purposes, help us provide the Services to you.
- Marketing, Promotions, and Advertising Partners – We share your personal information with our Marketing, Promotions, and Advertising Partners, including entities that help us advertise our products or services, and run sweepstakes, contests or other promotional campaigns on our behalf. For more information, including how to opt out of interest-based advertising, please refer to section 9, Cookies, Related Technologies & Online Ads.
- Analytics Partners – We share your personal information with our Analytics Partners, who are that entities help us collect data on how our Services are used, so that we can improve them and better understand our consumers. For more information, including how to opt out of interest-based advertising, please refer to subsection 9(B), Analytics.
- Co-Branded Pages. From time to time, we may enter into a relationship with another company that is not owned by or affiliated with us to provide additional features associated with the Services, such as co-branded pages. Both MITER and the third party may collect personal information on these co-branded pages. You should review the privacy notices posted on these co-branded pages to understand the privacy practices in and around the personal information collected through these pages.
- Professional Advisors - We share your personal information with our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
- Government Entities – We may share your personal information with government entities such as law enforcement authorities, regulatory agencies, and courts, where we believe it may be required or appropriate for us to do so.
- Third Parties Associated with Corporate Business Transactions: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may share your personal information with a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
- Other Parties with Your Consent or to Fulfill a Contract They Have With You – We may share your personal information with any third party who is not otherwise covered by the other listed categories above where you have given us permission to do so, or with whom you have entered into a contract when we need to transfer your personal data to that party in order to fulfil that contract.
6.Data Security, Transfers, Retention
- Security measures: We have endeavored to put in place controls designed to help safeguard the personal information we collect from you via the Services. However, no security measures are perfect, and we cannot ensure or warrant the security of your personal information. If we believe the security of your personal information in our possession or control may have been compromised, we may seek to notify you by email, and you consent to our use of email as a means of such notification.
- Breach Notification: If we believe the security of your personal information in our possession or control may have been compromised, we may seek to notify you by email, and you consent to our use of email as a means of such notification.
- Your role in protecting your personal information: In addition to the technical and organizational measures that we have in place to protect your personal information, you should use appropriate security measures to protect your personal information, including protecting the security of the credentials used to access our Services.
We provide appropriate protections for international data transfers where specified by law. However, we are based in the U.S.A. By allowing us to collect personal information about you, you consent to the transfer and processing of your personal information in the U.S.A. in accordance with this Notice.
The criteria for determining the duration for which we will keep your personal information are as follows:
- we will retain your personal information no longer than is necessary for the purposes for which it was collected; or
- where applicable law requires a longer retention period, we will retain your personal information for the time specified under law unless we must retain such information for a longer time in order to establish, exercise or defend any legal rights.
7.Managing your Personal Information and Your Rights
Marketing communications: You can ask us to stop sending you marketing messages at any time by contacting us or clicking on the opt-out link included in each marketing message. You may continue to receive service-related and other non-marketing messages. We will endeavor to comply with your request as soon as reasonably practicable. Please note that, if you opt-out, we will not be able to remove personal information about you from the databases of other third parties with which we have already shared your personal information as of the date on which we implement your opt-out request. If you wish to cease receiving marketing-related emails from such third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
Location information. You can manage or disable the use of location services for all applications in the settings menu of your mobile device. To disable the collection of precise location information from your mobile device through our mobile app, access your mobile device settings and choose to limit that collection.
Choosing not to provide your personal information: Where we request personal information directly from you, you do not have to provide it to us. If you decide not to provide the requested information, in some circumstances we may be unable to provide Services to you.
Accessing, modifying or deleting your personal information: If you are a distributor or dealer and you register for an account with us, you may access, update, alter, or delete your account information by editing your user profile, and limiting what information is in your profile, by keeping your information current, by changing your marketing preferences, or contact us.
Your Rights: Depending on where you reside, you may have certain rights regarding your personal information, and you may exercise the rights available to you depending on applicable law with regards to the personal information we collect.
To exercise your rights, including to make a request to access, delete, update or correct your personal information, or to ask for portability of your personal information, or to object to the processing on grounds relating to your specific situation, please use the contact details provided below in the section entitled, Contact Us.
- California Residents. If you are a resident of California: Please see section 8, Notice to California Residents – Your Rights, for additional information regarding your rights and our privacy practices required under the California Consumer Privacy Rights Act of 2020.
8.Notice to California Residents – Your Rights
If you reside in California, we are required to provide this notice of collection and additional information to you about how we use and disclose your information, and your rights with regard to your information. We have included this supplemental California-specific information below:
A.Notice of Collection of Personal Information
Under the California Consumer Privacy Rights Act of 2020, the term “Personal Information,” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer. However, the term “Personal Information” excludes the following information as provided by the CPRA:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CPRA’s scope, including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Consistent with subsection 3(B), “Personal Information We Collect” above, we collect certain categories and specific pieces of Personal Information about individuals that are considered “Personal Information” in California, including:
Categories of Personal Information
The Categories of Third Parties With Whom we Share Personal Information
Identifiers. This may include a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
Personal information described in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)). This may include a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Characteristics of Protected Classification under California or Federal Law. This may include age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Commercial information. This may include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. This may include genetic, physiological, biological, or behavioral characteristics that can be used, singly or in combination with each other or with other identifying data, to establish your identity, including deoxyribonucleic acid (DNA), fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
We do not collect, use, or share biometric information.
Internet or other similar network activity. This may include browsing history, search history, or information on a consumer's interaction with a website, application, or advertisement.
Geolocation data. This may include physical location or movements.
Sensory data. We may record voice or text chat to help address customer service inquiries.
Professional or employment-related information. This includes Personal Information associated with App / Account information provided if you are representing a distributor, dealer or retailer of the products associated with our Services), including your Contact Information.
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g, 34 C.F.R. Part 99)). This may include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as report cards, transcripts, class lists, student schedules, student identification codes, student financial information, and student disciplinary records.
We do not collect, use, or share Non-public education information.
Inferences drawn from other personal information. This may include information, data, assumptions, or conclusions derived from facts, evidence, or another source of information or data reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
Sensitive personal information. This may include personal information that reveals your debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, and your racial or ethnic origin, religious or philosophical beliefs (if you chose to provide it to us directly)
As detailed above, we may collect this Personal Information from you, our service providers, contractors and other third parties. We use, share and disclose Personal Information for the business and commercial purposes described in section 4, “Use of Personal Information“ and section 5, “Sharing Personal Information“ above. We retain Personal Information consistent with section 6, “Data Security, Transfers and Retention.”
B.California Privacy Rights:
Subject to certain exceptions, as a California resident, you have the right to:
- Right to Know: You have the right to know how we collect, use, and share your Personal Information and the specific pieces of your Personal Information that we hold.
- Right to Correct: You have the right to request that we correct inaccurate Personal Information, considering the nature of the Personal Information and the purposes for processing that information.
- Right to Delete: You have the right to request the deletion of your Personal Information, subject to several exceptions.
- Right to Opt-Out of Selling: We do not sell your Personal Information to third parties for money. However, we use certain third party analytical cookies or other technologies that may be considered ‘sales’ or ‘sharing’ under the CPRA. In California, we respond to the Global Privacy Control (GPC). If you want us to limit the data we share about you with other companies, turn the "Do Not Sell or Share" toggle(s) to "OFF" or gray. To opt-out, you may also contact us.
- Right to Limit: You have the right to limit how your sensitive personal information is disclosed or shared with third parties, as defined in the CPRA.
- Right against Discrimination: You have the right not to be unlawfully discriminated against for exercising these rights.
If you are a California consumer and you wish to exercise your rights as outlined in this section, please contact us. Your request must:
- Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request in sufficient detail to properly understand, evaluate, and respond to it.
Please note that you may need to provide additional information so that we can verify your identity. We reserve the right to take reasonable steps to verify your identity before fulfilling your rights request. For example, we may seek to establish your identity to a reasonable or a reasonably high degree of certainty by matching information that you submit alongside your request with information that we have on our records. We will only use Personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
You also have the option of designating an authorized agent to exercise your rights on your behalf. For authorized agents submitting requests on behalf of California residents, please contact us, with any evidence you have that you have been authorized by a California consumer to submit a request on their behalf.
C.California Shine the Light Law:
In addition to your CPRA rights, California’s “Shine the Light” law permits residents of California to annually request and obtain information free of charge about what Personal Information is disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not disclose your personal information to third parties for the third parties’ own direct marketing purposes.
D.Automated Decision Making
We do not use automated decision-making without human intervention, including profiling.
9.Cookies, Related Technologies & Online Ads
D.Cookies and related Technologies:
We use Google Analytics, a web analytics service offered by Google, to track and report website traffic associated with our Services. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
Some of the business partners that collect information about users’ activities on our websites or in our mobile applications may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.
Users may opt out of receiving targeted advertising on websites through participating members of the following organizations or programs:
- Network Advertising Initiative (USA)
- Digital Advertising Alliance (USA)
- Digital Advertising Alliance of Canada (Canada)
Users of mobile applications may opt out of receiving targeted advertising in mobile applications through participating members of the Digital Advertising Alliance by installing the AppChoices mobile application, available here, and selecting the user’s choices. In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.
Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.
If you choose to opt-out of targeted advertisements, you will still see advertisements online, but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioural advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.
10.Other Privacy Issues
E.Terms and Conditions
Our Services are not aimed at children. We do not knowingly collect personal information from children under the age of 18. If you believe that a child under the age of 18 has disclosed personal information to us, please use the contact details provided below in the section entitled, Contact Us. We will remove the personal information from our systems if required. Please note that we may ask you to verify your identity before responding to any such requests.
G.Disclaimer of Links to Other Websites
Our Services may contain links to other websites or applications. This Notice only applies to the Services that link to this Notice and not to any other website or application. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites. We encourage you to carefully read the privacy notices of any third-party website or application before you provide your personal information to those third parties.
H.Do Not Track Signals
Your browser setting may allow you to automatically transmit a "Do Not Track" (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors' choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when our Services receive a DNT signal from a visitor's browser. To find out more about DNT, please visit http://allaboutdnt.com. Note that DNT is different than the Global Privacy Control (GPC), which we do respond to in certain territories, such as California. To find out more about GPC, please visit https://globalprivacycontrol.org.
11.Changes to this Notice
From time to time, we make updates or changes to this Notice because of changes in applicable laws or regulations or because of changes in our personal information practices. We will notify you of any material changes impacting your personal information. Where consent is necessary to make a change apply to our practices concerning your personal information, we will only apply the changes to your Personal Information once we have that consent.
You can see when this Notice was last updated by checking the date at the top of this Notice.
If you have questions or concerns about our use of your personal information, or you wish to exercise your California Privacy Rights, you may contact our privacy team at:
Attn: Privacy Team
1010 54th Ave E
Fife, WA 98424