Additional Information for California Residents: Notice At Collection

Last Updated: 7/18/2024

The following Privacy Notice and Notice At Collection provides information for California residents, as required under California privacy laws, including the California Consumer Privacy Act, as amended ("CCPA"). California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this portion of our Privacy Policy is intended to satisfy that requirement.

Under the CCPA, "personal information" is any 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 resident or household. Please note that this definition of personal information applies to only this section of our Privacy Policy.

Categories of Personal Information Collected and Disclosed

Generally, we may collect the following categories of personal information (as set forth in the CCPA) about California residents. We may disclose this personal information for a business or commercial purpose to the third parties outlined below. In some cases (such as where required by law), we may ask for consent or give you certain choices prior to collecting or using certain personal information.

Sales and Sharing of Personal Information

The CCPA defines "sale" as disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration, and "sharing" includes disclosing or making available personal information to a third-party for purposes of cross-contextual behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation, we may "sell" or "share" the following categories of personal information: identifiers; commercial information; location data; and internet and network activity information. We may disclose these categories to third-party advertising networks, analytics providers, franchises, and social networks for purposes of marketing and advertising and to improve and measure our ad campaigns. We may also share limited information, such as name and email address to data brokers for purposes of marketing and advertising and to improve and measure our ad campaigns. You can opt-out of sale and sharing in the Right to Opt Out of Sales and Sharing section below.

We do not sell or share sensitive personal information, nor do we sell or share personal information about individuals we know are under age sixteen (16).

Purpose for Processing Personal Information

We use your personal information to provide you products and Services, such as to fulfill your requests for products or to help us personalize our Services and market to you. We also may use your personal information to support our business functions, such as fraud prevention, marketing and legal functions. Some examples may include:

• Providing Services and support: To provide and operate our Services, fulfill your order or requests for Services and provide customer service, create and maintain your account, communicate with you about your use of the Services, provide troubleshooting and technical support, debug to identify and repair errors that impair existing intended functionality, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar Service and support purposes.
• Responding to inquiries: To respond to your questions, fulfill your orders, and consider your requests.
• Analytics and improvement: To better understand how users' access and use the Services and our other products and offerings, conduct auditing and monitoring of transactions and engagement, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, develop Services and features, and for internal quality control and training purposes.
• Customization and personalization: To tailor the content we may send or display on the Services, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
• Marketing and advertising: For marketing and advertising purposes. For example, to send you information about our Services, such as offers, promotions, newsletters, and other marketing content, including about third-party products and services we think may interest you, as well as any other information that you sign up to receive. We also may use certain personal information we collect to manage, measure, and improve our advertising campaigns so that we can better reach people with relevant content.
• Loyalty and rewards program: If you are a member of our Ace Rewards program, we use your personal information in order to administer those programs, which are described more specifically when you enroll.
• Planning and managing events: For event planning and management, including registration, attendance, connecting you with other event attendees and contacting you about relevant events and Services.
• Research and surveys: To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• Safety, quality, and improvement: To undertake activities to verify or maintain quality or safety and improve, upgrade, or enhance the Services owned or controlled by us.
• Security and protection of rights: To protect you and others, the Services and our business operations; to help ensure security and integrity and prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use, available at acehardware.com/terms-of-use, our contracts, if any, with you, or this Privacy Policy.
• Legal proceedings and obligations: To comply with the law and our legal obligations, to handle legal processes and related to legal proceedings.
• General business and operational support: To conduct business analysis, such as analytics and projections, or to identify areas for operational improvement, and to consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions, and related to the administration of our general business, accounting, auditing, compliance, recordkeeping, and legal functions.
• Other notified purposes: For other lawful purposes that you reasonably expect, are permitted under applicable law and regulation, or that we may notify you of from time to time.

Ace may combine personal information, collected online and offline, including personal information from third party sources as described below. Ace also may transfer or share your personal information within our corporate family of companies and Ace stores for these purposes, as permitted by law.

Categories of Third Parties from Whom We Collect Information

In general, we may collect the personal information identified in the table above from the following categories of sources: advisors and agents, affiliates and subsidiaries, regulators, government entities and law enforcement, internet service providers, operating systems and platforms, advertising networks, data analytics providers, social networks, data brokers, Ace stores, and others, as permitted by law.

Deidentified Data Requirements

In the event we use, disclose, or process deidentified data about consumers, we will do so in deidentified form. We commit to maintaining and using deidentified data in its deidentified form and will not attempt to reidentify it, except as permitted by law.

Data Retention

We endeavor not to collect more personal information than necessary to fulfill our business needs. We retain the personal information we collect only as reasonably necessary for the purposes described herein or otherwise disclosed to you at the time of collection. We retain personal information as necessary to comply with our tax, accounting and recordkeeping obligations, to provide you with the services you have requested, as well as an additional period of time as necessary to protect, defend or establish our rights, defend against potential claims, and comply with our legal obligations. In some cases, rather than delete your personal information, we may deidentify or aggregate it and use it in compliance with the CCPA. If you request we delete your personal information, please note we may still retain your personal information as necessary to comply with our legal obligations, regulatory requests, resolve disputes, and enforce our agreements.

California Residents' Rights

California law grants California residents' certain rights and imposes restrictions on particular business practices as set forth below. Subject to certain exceptions, California residents have the right to make the following requests:

Submitting Requests

Requests to exercise privacy rights may be submitted on our Your Privacy Choices webform, available at https://privacyportal.onetrust.com/webform/08fcfb30-e571-44e6-a1de-eb62fe3d7b00/3a3a0069-5a0e-4e47-8c10-e1cc0c4533ad, or by clicking the "Your Privacy Choices" button on the bottom of AceHardware.com. Additionally, individuals may contact Customer Care at 1-888-827-4223 or complete a form in Ace stores. We will respond to verifiable requests received from California residents as required by law.

Verification of Requests

For your protection, we may require you to log into your account to verify your identity or make requests. In order to process requests to know, delete or correct, we require first name, last name, zip code, email, phone number and/or Ace Rewards number, and we may ask for additional information such as recent purchases or authenticated interactions with us depending on the nature of the request and the need to prevent fraud and protect security. The information provided in the request will be compared to the data Ace maintains for that customer. If the information does not match, we will be unable to process the request.

Authorized Agent Requests

An authorized agent is a person or business who has authorization to request to know what personal information we have about you, to delete the personal information we have about you, to correct the personal information we have about you, or to opt-out of the sale/sharing of personal information on behalf of a California resident. Authorized agents use the same links described above to submit requests.

If you are submitting a request on behalf of another person, we require an authorization, and/or other documentation demonstrating your authority to submit this request. This can be a letter or other documentation signed by the California resident authorizing you to submit this request. Ace reserves the right to contact the consumer directly to verify their identity and ensure that they have elected an authorized agent.

Notice of Financial Incentive

We provide price discounts, coupons, Services and other benefits for: (1) programs such as sweepstakes, contests, or other similar promotional campaigns; (2) Acehardware.com account holders; (3) members of our Ace Rewards loyalty programs; (4) military and other discount holders; and (5) members of our mailing and email list ("Programs").

Because our Programs involve the collection of personal information, they may be interpreted as a "financial incentive" programs under California law. Under California law, financial incentives "means a program, benefit, or other offering, including payments to consumers, related to the collection, deletion, or sale of personal information." Through these Programs, consumers provide us with some personal information (e.g., name, contact information and identifiers such as names, emails, phone numbers, Ace Rewards numbers, Ace account usernames and passwords, and billing and shipping addresses; Usage Data such as cookies and analytics; Profiles and Inferences such as birth month, demographic information, and information regarding interests and preferences; and Purchase History and Tendencies such as transaction history, payment information, and information regarding orders, etc.) when consumers opt-in to and participate in our Programs. There is no obligation to opt-in or participate in any Program, and consumers may opt-out or withdraw at any time by contacting us at the Ace Customer Care center at 1-888-827-4223.

The specific details of each Program including additional information such as the specific personal information collected and details regarding the financial notice are contained in the program offering or notice.

We incur expenses when providing and operating these Programs. The value to our business of any individual consumer's personal information is based on specific facts such as whether and to what extent consumers take advantage of any Program offerings. We do not calculate the value of consumer data in our accounting statements. We make this good faith estimate for California residents. To the extent we create overall value from our Programs to our business that could be directly or reasonably related to the value of our customer data, the method for calculating the same includes: (1) the expenses associated with the offer, provision of any financial incentive or price or service differences such as data analytics and marketing , (2) the expenses related to the collection, retention and enhancement of consumers' personal information and (3) all other expenses reasonably related to the programs.

Contact for Privacy Questions

For questions or concerns about the practices described in this Privacy Policy, please contact the Ace Customer Care Center at 1-888-827-4223.