EKO North America Privacy Policy

Last updated April 2026

As the operator of this website, EKO North America and its subsidiaries and affiliates (“we”, “us”, “our”) is committed to protecting and respecting your privacy. This Privacy Policy (“Privacy Policy”) relates to products and services provided through our website, web applications and other means (“Website”), as well as any other online or offline interaction with you, and sets out the basis on which the personal data collected from you, or that you provide to us will be processed by us. This Privacy Policy describes how we collect, use and disclose certain personal data.

This Privacy Policy is incorporated into, and is part of, the Terms and Conditions, which govern your use of this website in general. This Privacy Policy applies to all users, including those users who use the Website via their employer or another company. This Privacy Policy also applies to all of the data that we collect online or offline, irrespective of how you use the Website or the device you use to access the Website.

“Personal Data” means any information that relates to an identified or identifiable individual and includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations (collectively, to the extent applicable to Us, the “Data Protection Laws”).

This Policy does not cover the practices of companies we do not own or control or people we do not manage. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using our Website, you signify your agreement to the collection, use, storage, treatment and disclosure of your personal data in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website.

1. Notice of Monitoring

Please note that if you use the chat function on our sites, all information you send and receive will be recorded by us and by our service provider that operates our chat. If you do not wish for us to record this information, please do not use the chat function on our website. By using our chat function, you consent to EKO and LiveAgent monitoring all communications.

2. Personal Information We Collect and Use

Personal Data You Provide

EKO and/or its Service Providers may collect information you provide directly to us and/or our Service Providers, or to third parties who then share or sell that information. For example, EKO collects information when you use or register for an online account, subscribe to notifications, make a purchase, participate in promotional activities, or communicate or transact through the website. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on how and why we share your information with third parties and service providers, please see the section of this Policy titled “How We Share Personal Data.”

Providing Our Website and Products:

• Account Creation, Access to Features, Logon Process. We use personal data you provide to create an account with us or to let you have access to certain features or areas of the website, including: your first and last name, email address, mailing address, phone number, and other similar contact data, usernames, passwords, password hints, and similar security information used for authentication and account access. We may also use this information to send you marketing and other communications. Without providing your personal data, you cannot create an account with us or access certain features or areas of the website. We process your personal data based on our legitimate interest in providing our products and services, or performance of a contract. When we rely on our legitimate interest, we will always assess whether your interests or fundamental rights and freedoms do not outweigh our interests.
• Marketing. For EKO’s marketing and other purposes, we may collect information about your purchasing transactions; records of products or services considered; records of products or services purchased; social media contact; full name; home address; personal email; postal address; unique personal identifier; account age; date of birth; phone numbers; work email; age; and gender identity and gender expression. We will also collect certain information automatically from your devices and from third parties. You can find more details in the rest of this section.
• Processing Orders and Payments. When you place an order through our website for products, you provide information required to complete your transaction, including your name, phone number, shipping address, billing address, company name.
• Reviews. We may request or you may choose to submit reviews on products you purchase. When you submit a review, we will collect your review information (rating, title, content), a picture or video, your display name, and your email address. We may display this review information on our website and may use the information to contact you about your review if necessary.
• Process Parts Requests or Repairs. To facilitate your service request or request for parts, we may collect your name, product type, model number, mailing address, order number, warranty information and other information to facilitate your request for parts or repair at one of our facilities.
• Communicate with You. To provide you with order confirmations and order updates, manage and maintain our business relationship with you, provide customer service, or otherwise communicate with you via text message, email, chat or by phone regarding your account, purchases, returns, exchanges or service requests, we may collect your name, product information, email, and/or billing address, phone number, payment information, purchase history, communications preferences, the products that are of interest to you, web usage, interest profiles, email opens/clicks, contact history, and other information relevant to your products or inquiries. We may also record your conversations with us when you communicate with our customer service. In order to use chat you must consent to our collection and use of this information in order for us to provide this service.
• When you communicate with us via SMS. If you choose to communicate with us via SMS instead of by phone or email, in order to make and keep records of those communications, we may collect your name, contact information, billing records, call or message logs, and traffic routing information, as well as the content of communications sent through or integrated with the SMS services, such as audio recordings, message bodies, and call recording transcriptions.
• To send administrative information to you. We may use your personal data to send you information about products you have purchased or information about changes to our terms, conditions, and policies, including: first and last name, email address, mailing address, phone number, and other similar contact data.

Improve or Develop Products:

• Customer Satisfaction Surveys. When we conduct customer satisfaction surveys, we will collect your name, purchase information.
• User Feedback. To enhance the user experience, improve our website, or improve our products or services, you may choose to submit feedback or we may request that you provide us with feedback regarding the products you purchased or your interaction with us through our website or through customer service. Where we request feedback, we may ask for your name, email address, phone number, and opinion.

Market and Promote EKO Products:

• Marketing. We or our third-party marketing partners may use your personal data for our marketing purposes, depending on your marketing preferences. These communications may include information about our new products, services, or features. The personal data collected for these purposes include your name and email address. You can opt out of our marketing emails at any time.
• To deliver targeted advertising to you. We may use your personal data to develop and display content and advertising (and work with third parties who do so) tailored to your interests or location and to measure its effectiveness. The personal data collected for these purposes include name and email address. We will ask your consent to use your personal data for this purpose. You can opt out of our marketing emails at any time.

Business to Business Relationships:

• Business to Business Transactions. When you share information with us on behalf of another business, we typically collect your name, company name, address, purchase history, account information, account contact information, account permissions and preferences, and any other information we use to service your account.
• Invoice Processing. If you are a vendor, we may collect your company name, tax ID or address, phone number, email address, and banking information to process invoices and payments.
• Contractor Management. If you are a vendor, in the course of managing our relationship with you, we may collect your name, address, insurance details, documentation of insurance, and payment card information.

Information Collected Automatically

EKO, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the website (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the websites, and data regarding network connected hardware (e.g., computer or mobile device). To learn more about the cookies and tracking technologies EKO uses, please refer to our Cookie Policy.

The methods that may be used on the websites to collect Usage Information include:

• Log Information. Log information is data about your use of the websites, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
• Information Collected by Cookies and Other Tracking Technologies. Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the websites or e-mails, including information about your browsing and purchasing behavior. Here is more detail of types of Tracking Technologies:
  • Cookies. A cookie is a small text file that is stored on a user’s device, which may be session cookies or tracking cookies. Session cookies make it easier for you to navigate the websites and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the websites, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the websites may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The websites may associate some or all of these types of cookies with your devices.
  • Web Beacons (“Tracking Pixels”). Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the websites, to monitor how users navigate the websites, and to count content views.
  • Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the websites. It is temporarily downloaded onto your computer from EKO’s web server, or from a third-party with which EKO works, and is active only while you are connected to the websites, and deleted or deactivated thereafter.
  • Device Fingerprinting. Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
  • Device Recognition Technologies. Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
  • In-App Tracking Methods. There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.

Some information about your use of the websites and certain Third-Party Services may be collected using Tracking Technologies across time and different websites, and used by EKO and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the websites and certain Third-Party Services.

EKO may use any or all of the Usage Information detailed above for the following purposes:

To Provide Products and Services:

• Operate the Site. In order to operate the site, we may collect information automatically to ensure that the site (including any third-party features) functions properly and maintain the security of our site. We may collect IP address, activity logs, certain device information and browser information. We may also derive location information from your IP address.
• Online Experience. To facilitate, manage, personalize, and improve your online experience and for research and development, we may use the Usage Information we listed above.
• When you interact with us through our website. To provide and improve our websites, we may collect your IP address, sex/gender, age, information regarding your interaction with our websites, or network location based on your IP address.
• Account Creation and Management. To manage your account with us, we may collect and use any of the Usage Information listed above.
• When you make payments online. In addition to the information we collect directly from you, we may also collect information through your device, browser, cookies, or pixel tags, including your IP address.
• Remember Your Preferences. To save you time when you visit our website by remembering your preferences, automatically fill in forms (such as your address), or to save items to your cart we may collect IP address, device information, and browser information.
• Communicate with You. When we communicate with you online, we may collect information automatically from your device or browser in order to operate the service, including IP address, device and browser information, and activity logs. In order to use chat you must consent to our recording and use of this information in order for us to provide this service.
• Debugging. To fix any technical issues that arise in the course of providing the websites, we may use any of the information listed above.

Market and Promote Our Products:

• To send you marketing and promotional communications. We or our third-party marketing partners may use your personal data for our marketing purposes, depending on your marketing preferences, including: device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the website and other technical information. You can opt out of our marketing emails at any time.
• Targeted Marketing. We may combine information that we receive from your activities online with information about your past purchase history or interactions with us in order to personalize the advertisements, products or recommendations which we display, and to determine the effectiveness of our promotional campaigns. We may collect your user account data (if you are registered with us and have an EKO account, or if you make a purchase), including your name, email address (including hashed email address), birth date and country, and technical data, which includes IP address, host name, user agent, browser identification, referrer, and the date/time of your access to our website.
• To deliver targeted advertising to you. We may use your personal data to develop and display content and advertising (and work with third parties who do so) tailored to your interests or location and to measure its effectiveness, including: device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, information about how and when you use the website and other technical information.
• Advertising and Behavioral Profiling. We collect information about your interaction with our website, your advertising preferences and your communications with us. This is information we receive from your devices (including mobile devices) you use when you access our website. This information could include the following: Device ID or unique identifier, device type, ID for advertising and a unique device token, preferences, purchase/service history, cookie IDs, your computer or device’s operating system and browser type, device identifiers, usage details, IP address, tracking data on behavior across websites, and postal or country code.
• Advertising Analytics. For advertising analytics, we may collect computer and connection information such as usage details, statistics on your page views, traffic to and from the website, referral URL, ad data, your IP address, your browsing activity, history and your web log information.
• Marketing Sales and Analytics. To perform analytics on your experiences with us in order to provide more personalized experiences and advertisements, and to improve our products and the website, we may collect your IP address, information regarding interactions with our website, and network location based on IP address.
• Website Use Analytics & Marketing. When you visit and use our website, we collect information automatically from your devices to evaluate and improve our website performance, as well as for marketing purposes. This includes your IP address, cookie IDs, device identifiers, information about how you use our website, preferences and trends, and purchase and service history.
• Deliver Non-Personalized Advertising. To display non-personalized advertising for products, and to determine the effectiveness of our advertising campaigns, we may collect technical data about your device or browser in order to display ads properly and identify promotions which you may be eligible for, including IP address, host name, user agent, browser identification, referrer, and date/time of your access to our website. We may use IP address to derive location data about you.

Improve or Develop Products or Services:

• To improve the Website, Products, and Services. We may use your personal data for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our advertising campaigns, and to evaluate and improve the website, products, and your experience, including: device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the website, and other technical information.
• Analytics. To improve EKO’s understanding of its customers’ needs; measure the effectiveness of our advertising and promotion communications; obtain and evaluate analytics data for the purpose of improving our product offerings and services, understanding how our visitors interact with our website, advertisements, and communications, we or our third party service providers may collect technical information about your visit, such as IP Address, host name, user agent, browser identification, referrer, and date/time of your access to our website. We aggregate this information so that the information is no longer personal information related to you.

Customer Analytics and/or Data Analysis

• EKO uses personal data to enhance your user experience on our website by analyzing personal data provided by you during your visit to our website, such as via cookies and similar technologies (please also refer to our Cookie Policy).
• EKO uses personal data for profiling and segmenting, e.g., based on your web behavior (e.g., number of visits to specific websites) to offer more suitable products and services to you.

Prevent and Detect Harm and Abuse:

• To protect the website, us, and others. We may use your personal data as part of our efforts to keep the website safe and secure (for example, for fraud monitoring and prevention) and to protect others from harm or abuse, including: device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the website, and other technical information.

Information Collected from Other Sources

Service Providers and Third-Party Services

EKO may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with personal information. We may use information collected from Service Providers and Third Parties for the following purposes:

Providing Products and Services:

• Engage with you on Social Media. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Facebook, TikTok, YouTube, and Instagram) in connection with our website, we collect information that you share with us or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
• To Fulfill and Manage Your Orders. All payment data is stored by our third-party payment provider when we fulfill and manage your orders. When you make a purchase, our third party payment provider may share transaction information, such as your name, email address, billing address, transaction ID, time, amount, and payment type and other information in order for us to process your order and send you the items you purchased. Third party payment providers act as independent controllers over your Personal data when you conduct a transaction with them. For more information on how your Personal data is processed by our third party payment providers, please review their relevant privacy policies:
  • Google Pay - Google Payments Privacy Notice
  • Shopify Payments / Shopify – Shopify Privacy Policy

Market and Promote Products and Services:

• To send you marketing and promotional communications. Our third-party marketing partners may share your personal data for our marketing purposes, depending on your marketing preferences, including marketing leads and search results and links, including paid listings (such as sponsored links). On occasion we might collect Personal data from third parties such as from tradeshows marketing and advertising partners, and partnerships with third parties who help to administer promotions, giveaways or sweepstakes. This information is usually limited to name, email address and address. You can opt out of our marketing communications at any time.
• To deliver targeted advertising to you. We may use your personal data to develop and display content and advertising (and work with third parties who do so) tailored to your interests or location and to measure its effectiveness, including: marketing leads and search results and links, including paid listings (such as sponsored links).
• Analytics, Personalization, and Advertising. We also permit third parties to use tracking technologies on our website to help us evaluate website and behavioral analytics, to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders. Some of these third parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites. For more information about the use of third party cookies and tracking technologies on our website, please review our Cookie Policy.

Improve or Develop Products or Services:

• Communicating Via Social Media. When you communicate with us or otherwise engage with us through the use of social media, such as Facebook, Instagram, or TikTok, we may receive information related to your engagement with us via social media. Generally, we may receive information such as name, social media handle, and other information about your profile which you may have made public.

Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics

Third-Party Services.

Third Party Practices. Information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with EKO, the types of information shared, and your choices on what is visible to others on Third-Party Services. EKO is not responsible for and makes no representations regarding the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the website, and encourages you to familiarize yourself with and consult their privacy notices and terms of use.

Social Features.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” EKO’s content. If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references our website, brand, or products (e.g., by using a hashtag associated with EKO or other EKO Affiliates in a status update), your post may be used on or in connection with the website or otherwise by EKO and EKO Affiliates. Also, both EKO and the third-party may have access to certain information about you and your use of the Service and any Third-Party Service.

Interest-Based Advertising.

EKO may engage and work with Service Providers and other third parties to serve advertisements on the websites and/or on Third-Party Services. Some of these ads may be tailored to your interest based on your browsing of the websites and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the websites (i.e., “retargeting”).

Analytics.

EKO may use Google Analytics, Adobe Analytics or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help EKO analyze website users and how they use the websites. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the websites, compiling statistic reports on the websites’ activity, and providing other services relating to website activity and other Internet usage.

Other Purposes.

We may also use any of the Usage Information we listed above for the following purposes:

• Operate Our Business: EKO uses personal data to perform core business functions, including: maintaining records for accounting or warranty purposes; debugging to identify and repair errors; collecting amounts owed to EKO; conducting internal audits, and; providing and maintaining the functionality of EKO’s website.
• Using Data Analytics: to audit, research, and conduct analysis in order to maintain and improve our products and services and to protect people who use our websites.
• To protect the rights or property of EKO, its employees, customers, and people who use its websites.
• Internal Purposes: Improve the Service and for any other internal business purposes reasonably related to providing the Service.
• Tailored Content: Tailor our content, advertisements, and offers.
• Territory Restrictions: Determine your location and manage digital content rights (e.g., territory restrictions).
• Legal Requirements: To comply with legal process such as a search warrant, subpoena or court order, or if requested by regulatory agencies with authority over the tobacco industry such as the Food and Drug Administration.
• Improve our Products or Website. We may use personal data that we collect to undertake internal research; verify or maintain the quality of our products or services, and; improve, upgrade or enhance our products or services.
• Prevent and Detect Fraud or Other Security Incidents. EKO uses personal data to prevent, detect, investigate, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies and terms, security incidents, and potential harm to the rights, property, or safety of EKO and its customers, employees, or others.
• Other Disclosed Purposes: Fulfill other purposes disclosed at the time you provide Personal data or otherwise where we are legally permitted or are required to do so.

De-Identified Data

The website may de-identify (also referred to as “anonymize”) and aggregate data for its business purposes, including but not limited to, improving the products and features of our products and services, maintaining the security and integrity of its systems, for analytics, and other legitimate business purposes. “De-identified Data” means information that cannot reasonably be used to infer information about, or otherwise be linked to a particular data subject. De-identified Data includes anonymized data and is no longer “personal data” under applicable data protection laws. Where we process De-identified Data, we commit to maintain and use the information in de-identified form and not attempt to reidentify the information, except where permitted by law. The website may disclose De-identified Data to third parties who commit themselves to maintaining the De-identified Data in anonymized form and not attempt to re-identify the data for any business purpose. To the extent any non-personal information is combined by or on behalf of EKO with personal data EKO itself collects directly from you on the websites, EKO will treat the combined data as described in this Policy.

3. How We Share Personal Data

We may share information about you to third parties as indicated below:

• Within EKO Group. We share your personal data with other EKO Group entities and with our different locations, affiliates, and subsidiaries as follows:
  • Providing customer services;
  • Analyzing customer data and website user behavior;
  • Carrying out marketing activities;
  • Supporting shared services, such as analytics, customer relationship tools, and data management across EKO Group entities.
• Service Providers. EKO utilizes other companies to perform certain services for it or on its behalf. These service providers may collect or receive your personal data so that they can provide services to EKO, which include:
  • Providing marketing services (such as developing campaigns, sending emails or text messages, delivering advertisements, facilitating customer product reviews);
  • Hosting or maintaining our website, servers, databases, and/or software platforms;
  • Providing fraud monitoring or detection services;
  • Conducting surveys;
  • Analyzing customer data and survey responses;
  • Content optimization service providers;
  • Invoice and billing service providers;
  • Website and application analytics providers;
  • Website hosting providers;
  • Website testing and optimization service providers;
  • Social media companies to which you enable access;
  • Providing or facilitating warranty or after-sales service; and
  • Providing customer service.
• Business Partners (Third Party Businesses). EKO partners with other businesses to provide professional services. These third party businesses may collect or receive your personal data so that they can provide services to you and to EKO consistent with this Policy, which include:
  • Third Party Payment Processors – EKO uses PCI-DSS compliant payment processors to provide you with options to make secure payments for the products you purchase through our website. By using one of our payment options, or otherwise processing your credit or debit card, your personal data will be collected and processed by one of our payment processors subject to their privacy policies.
    • Google Payments Privacy Notice
    • Shopify Privacy Policy
  • Shipping Carriers – EKO uses third party shipping carriers, such as the USPS, UPS, and FedEx for shipping, handling, and delivering products you order. Personal data collected and processed by a shipping carrier is subject to their privacy policies.
  • Professional Services – We may disclose personal data to establish, exercise, or protect the rights of EKO or its employees, affiliates, agents, and other customers; defend against a legal claim; protect the safety and security of our visitors; detect and protect against fraud; and take action regarding possible illegal activities or violations of our policies.
• Reviews: If you submit a review of one of our products, we may share that review publicly, including but not limited to our website or other marketing or promotional materials.
• Legal Obligations: To comply with the law, law enforcement or other legal process, and in response to a government request (including, without limitation, Food and Drug Administration and other regulatory agency inquiries and requests).
• Defending and Protecting Rights: If EKO believes your actions are inconsistent with EKO’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of EKO, the Service or its users, or any third-party.
• Corporate Transactions: In addition, EKO may share your personal data and your non-personal data in connection with or during negotiations of any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of EKO assets, or transfer of all or a portion of EKO’s business to another company (“Corporate Transactions”).

We do not sell information belonging to children under the age of 16, nor do we share that personal information with third parties for those parties’ commercial use.

4. Choices: Selling, Tracking and Communications Options

We may use cookies and similar tracking technologies (like web beacons and pixels) to collect or store information. Specific information about how we use such technologies and how you can refuse or disable certain cookies is set out in our Cookie Policy.

Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the websites may not work and that when you revisit the websites your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer.

“Do Not Track” Signals; Opt-Out Preference Signals

Do-Not-Track Features. Many web browsers and some mobile operating systems and mobile applications include a “do-not-track” feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing do-not-track signals has been finalized and, as such, we do not currently respond to do not track browser signals or any other mechanism that automatically communicates your choice not to be tracked online. We will update this Policy if that changes in the future. These features are not an alternative to the settings you choose in our cookie banner.

Opt-Out Preference Signal. You may use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), to opt-out of the sale/sharing of your personal information. If you do not have an EKO account or if you are not logged into your EKO account, your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us. If you would like your request to opt-out of sale/sharing to be applied any time you are logged into your account, please use the Cookie Preferences widget.

Analytics and Advertising Tracking Technologies

When you visit our website, third parties may use analytics and advertising tracking technologies to collect information about your activities over time and across different websites, including our website. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI/DAA browser-based opt-out may not, or may no longer, be effective.

Communications

Email Communications. You can opt out of receiving certain marketing or promotional communications from EKO at any time by following the instructions provided in e-mails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, EKO may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or EKO’s ongoing business relations.

SMS / Text Messaging. You can opt-out of receiving text messages from us at any time by replying to a text with the words “STOP,” “UNSUBSCRIBE,” or “END.”

5. Links to Social Media and Third-Party Websites

Our website may include links to blogs, social media, and third-party websites. These third-party sites have their own privacy policies and terms of use and are not controlled by this Policy or the terms of our website’s disclaimer. You should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any personal data. If you follow a link to any third-party site, any information you provide that site will be governed by its own terms of use and privacy policy and not this Policy.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from the websites. We make no representations, express or implied, concerning the accuracy, privacy, safety, security or the information practices of any third-party site. The inclusion of a link to a third-party site on our website does not constitute any type of endorsement of the linked site by us. We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

6. California Disclosures

In certain circumstances, we may choose to or may be required to provide additional or different disclosures to residents of different U.S. states or other countries. Below are the disclosures that may be applicable to you.

“Legal Categories” of Personal Information

Certain laws require us to tell you about the personal information we collect about you in a certain way – specifically, we need to tie it back to “legal categories” of personal information that are listed in the law. To do this, we bundled up the information we gave you above in this Policy and matched the different types of personal information we collect about you with the legal category. To make things easier to understand, we’ve put this information in a chart that shows you:

• The legal category of personal information and the definition for each category,
• The source from which your personal information is collected,
• The purpose for why we collect and use your personal information for each legal category, and
• The categories of third parties to whom we share or sell personal information.

We’ve included these things in the Personal Data Privacy Chart at the end of this Policy. At the end of the Personal Data Privacy Chart, we also included a list of personal information We Disclose for a Business Purpose.

7. Your Rights and Choices

Privacy Rights

Some privacy laws require that we disclose to you the privacy rights that you have regarding personal information. We have defined the various privacy rights below.

• Know: You may have the right to know what personal information is being collected, used, shared, and sold about you, including the categories, sources, and business purposes for collecting your personal information.
• Access: You may have the right to request access to your personal information.
• Erase, Delete: You may have the right to request that we delete or erase your personal information if we do not have a legal or business reason to keep it.
• Correct: You may have the right to correct inaccurate personal information we have about you.
• Data Portability: You may have the right to obtain personal information in a portable and readily usable format.
• Object to processing of your personal information where we are relying on a legitimate interest (or that of a third party) and you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal information if: (a) you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal information to you or to a third party in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided for us to use or where we used the information to perform a contract with you.
• Opt Out of Sale or Sharing: You may have the right to ask us not to share or sell your personal information or use it for purposes of targeted advertising or profiling.
• Limit Processing of Sensitive Personal Information: Sensitive personal information includes your Social Security number, driver’s license number, state ID card, passport number, racial or ethnic origin, union membership, and health and genetic data. You may have the right to ask us to limit our use of your Sensitive personal information to only what is required to accomplish the purposes we included in this Privacy Policy or that you reasonably expect from us. Our practice is to not process your Sensitive personal information except when it is necessary to accomplish the purposes disclosed in this Policy.
• Non-Retaliation for Exercising Privacy Rights: You also may have the right not to receive discriminatory treatment for the exercise of any of the privacy rights conferred by applicable law.
• Right to Appeal: If we decline to take action regarding your request to exercise any privacy right, you may have the right to appeal the decision.

These rights may be subject to certain limitations or exceptions depending on your state of residency and the purpose for which we process personal information about you.

Making Privacy Requests

How to Make a Request: If you would like to make a request, you may submit a request to exercise a privacy right in any of the following ways:

• Call us at 800-354-5605
• Email us at support@ekonorthamerica.com
• Submit a request using our online form

You may also use the Cookie Preferences widget located near the footer of our site to manage your cookie preferences, and you can use the “Do Not Sell / Share My Personal Information” link to opt out of the sale or sharing of personal information.

Once the request has been received, you may be asked to provide additional personal information for verification purposes before your request can be accommodated, including your full name, email address, telephone number, billing address, previous purchase history and order information.

Responding to Requests: Your request will be evaluated to determine whether the requested change meets legal regulatory requirements and does not risk making our other data less secure or changing our other data. If we are not able to honor any part of your request, we will tell you that in our response, as well as the reason(s) we cannot do so.

Verifying Your Identity: In order for us to look into your request, we may first need to verify your identity, meaning that we need to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request on behalf of the consumer. For example, if you make a request, we will ask you to confirm your name and email address. For certain requests, we will use a combination of your email address, name, and/or zip code to verify your identity, so that we can help protect your information.

Appealing a Denied Request: If we deny all or part of your privacy request, you may have a right to appeal that decision. If you would like to make an appeal, please contact us using the methods in the “Contact Us” section below, and include your name, email address, physical address, the type of request you made, and the reason for requesting an appeal.

Requests by Authorized Agents: You may have the right to designate someone else to make privacy requests for you under the data protection laws. Authorized agents must:

• Provide us with valid written authorization, that the third party agent has the authority to act on behalf of the individual whom they are making the request, which must include the agent’s name, email address, and phone number,
• You must follow the instructions above to verify your own identity, and
• The authorized agent must follow the instructions provided in this section to make a request.

As permitted by California privacy law, any request you submit to us is subject to an identification and verification process, and confirmation of the agent’s authority, which may include attestation under penalty of perjury. Absent a power of attorney, we will also require the consumer to verify their own identity. We may verify identity based on matching information you provided with data we have maintained on you in our systems. This data could include, but is not limited to, email address, mailing address, or phone number. We reserve the right to verify the validity of any third party request to exercise privacy rights on behalf of our customers to the fullest extent permitted under applicable data protection law.

Children’s Privacy

Our website is not aimed at or intended for children. EKO does not knowingly collect, receive, disclose, sell or share information from children under the age of 16. If we learn that we have inadvertently collected personal information relating to a child under the age of 16, we will delete that information from our records. If you believe we might have any information from or about a child under age 16, please let us know using support@ekonorthamerica.com.

8. How We Protect Your Personal Information

We strive to take appropriate security measures to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are allowed to access personal information, and they may only access it for permitted business functions. We also use technology to protect your information, including encrypting sensitive personal information that is transferred to or from our systems. You should however access the Website within a secure environment. If you believe your account has been compromised or you suspect any type of data breach, please contact us at support@ekonorthamerica.com.

While we cannot guarantee that loss, misuse, or alteration will never occur, we use reasonable efforts to prevent it. Please keep in mind that no method of storage or transmission over the Internet is completely secure, so your use of our Website and provision of information to us is at your own risk.

Our websites may contain links to other third-party sites on the Internet. The information practices of those websites are not covered by this Privacy Policy. We are not responsible for the privacy policies of other websites.

9. How Long We Keep Your Personal Information

We will only keep your personal data for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as business records, tax, accounting or other legal requirements). In determining data retention periods, we take into consideration the applicable law, contractual obligations, the purposes, the necessity and your expectations.

When we have no ongoing legitimate business need to process your personal data, i.e., when we no longer have a legal basis in accordance with applicable law, we will either delete or anonymize it and we will make such determination based on applicable laws.

10. Website Terms of Use

The Website Terms of Use governing your use of the website contains important provisions disclaiming and excluding our liability and the liability of others regarding your use of the website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the website. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal data, and are of the same force and effect as if they had been reproduced directly in this Policy.

11. Changes to This Privacy Policy

We reserve the right to change this Policy prospectively effective upon the posting of the revised Policy and your use of our websites indicates your acknowledgement of the Policy posted at the time of use. However, should we update this Policy, we will post a new version online, and will notify you if the personal information processed about you will be materially different than that which was represented to you at the time it was collected. To the extent any provision of this Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

12. Contact Us

For questions regarding this Privacy Policy or to submit any of the requests mentioned above relating to your personal information, contact us using any of the following options:

Mail EKO North America Customer Support

Email support@ekonorthamerica.com

Telephone 800-354-5605

13. Personal Information Privacy Chart

We collect customers’ personal information as described above for the following purposes, when permissible under applicable law.

Category	Sources	Purpose for Collection and Use	Sharing with Third Parties for a Business Purpose	Categories of Third Parties to whom Personal Data is Sold
A. Identifiers. 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.	Directly from you; Automatically from Devices; From third parties; Third Party Practices	Account Management; Marketing; Order Processing; Reviews; Product Registration; Parts/Repairs; Customer Communication; SMS Communication; Administrative Info; Satisfaction Surveys; User Feedback; Marketing Promotions; Targeted Advertising; B2B Transactions; Invoice Processing; Contractor Management; Online Experience; Online Payments; Debugging; Behavioral Profiling; Advertising Analytics; Marketing Analytics; Website Analytics; Website Improvement; Fraud Prevention; Third-Party Practices	EKO Group; Service Providers; Business Partners; Reviews; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Advertisers; Third Parties
B. California Customer Records (Cal. Civ. Code § 1798.80(e)). 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.	Directly from you; From third parties; Third Party Practices	Account Management; Marketing; Order Processing; Reviews; Product Registration; Parts/Repairs; Customer Communication; SMS Communication; Administrative Info; Satisfaction Surveys; User Feedback; Marketing Promotions; Targeted Advertising; B2B Transactions; Invoice Processing; Contractor Management; Online Payments; Behavioral Profiling; Marketing Analytics; Fraud Prevention; Third-Party Practices	EKO Group; Service Providers; Business Partners; Reviews; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Not sold
C. Characteristics of protected classifications under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, genetic information.	Directly from you; Automatically from Devices; Third Party Practices	Marketing; Website Interaction	—	Not sold
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Directly from you; From third parties	Account Management; Marketing; Order Processing; Reviews; Product Registration; Parts/Repairs; Customer Communication; Satisfaction Surveys; User Feedback; Marketing Promotions; Targeted Advertising; B2B Transactions; Invoice Processing; Online Payments; Behavioral Profiling; Advertising Analytics; Marketing Analytics; Fraud Prevention; Third-Party Practices	EKO Group; Service Providers; Business Partners; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Advertisers; Third Parties
E. Biometric information.	Not collected	Not collected	Not collected	Not collected
F. Internet or other similar network activity. Browsing history, search history, information on your interaction with a website, application, or advertisement.	Automatically from Devices; Third Party Practices	Targeted Advertising; Online Experience; Debugging; Behavioral Profiling; Advertising Analytics; Marketing Analytics; Website Analytics; Website Improvement; Fraud Prevention; Third-Party Practices	EKO Group; Service Providers; Business Partners; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Advertisers; Third Parties
G. Geolocation data. Data that can identify a consumer’s physical location or movements.	Not collected	Not collected	Not collected	Not collected
H. Sensory data. Audio, electronic, visual, olfactory, or similar information.	Directly from you	Reviews	EKO Group; Service Providers; Business Partners; Reviews; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Not sold
I. Professional or employment-related information. Current or past job history or performance evaluations.	Directly from you; From third parties	B2B Transactions; Invoice Processing; Contractor Management	EKO Group; Service Providers; Business Partners; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Not sold
J. Education information (not publicly available).	Not collected	Not collected	Not collected	Not collected
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Automatically from devices; Third party content	Targeted Advertising; Online Experience; Debugging; Behavioral Profiling; Advertising Analytics; Marketing Analytics; Website Analytics; Website Improvement; Third-Party Practices	EKO Group; Service Providers; Business Partners; Legal Obligations; Defending and Protecting Rights; Corporate Transactions	Advertisers; Third Parties
L. Sensitive personal information. Social Security number, driver’s license number, state identification card number, passport number; account log-in with security credentials; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, union membership; contents of mail, email, and text messages; genetic data; biometric data; health data; sex life or sexual orientation data.	Not collected	Not collected	Not collected	Not collected

We may also collect information to comply with applicable law or regulatory requirements or legal requests.

In the preceding twelve (12) months, we have disclosed the following categories of personal data for a business purpose:

• Category A: Identifiers
• Category B: California Customer Records Categories
• Category C: Protected Classifications
• Category D: Commercial Information
• Category F: Internet and Network Activity
• Category G: Geolocation Data
• Category L: Sensitive Personal Information