PRIVACY NOTICE

This Privacy Notice was last modified and is effective as of September 24, 2024.

This privacy notice (“Privacy Notice”) describes how Benjamin Moore & Co (“Benjamin Moore,” “we,” “us,” or “our”) handles certain Personal Information (as defined below) that we collect from you through any of our websites or apps (collectively, “Sites”) which provide an authorized link to this Privacy Notice, as well as how to exercise your rights or contact us with questions or concerns regarding the same.

A. Changes to Privacy Notice
We reserve the right, in our sole discretion, to modify, add or delete provisions of this Privacy Notice at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting; provided that we will provide you with notice of material changes to this Privacy Notice as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY NOTICE WILL APPLY IMMEDIATELY UPON POSTING TO THE SITES. You should come back to the Site and review this Privacy Notice regularly so that you remain aware of the terms and conditions that apply to you.

B. Cookies
When you access or visit our Sites, we and our Operational Service Providers (as defined below) often use technology that can recognize, collect and/or transmit information that is associated with you. Although the term "cookie" specifically refers to a small file that is stored on a user's computer or other device for record-keeping purposes, for the purposes of this Privacy Notice, we will use the term "cookie" to refer generically to any technology that can recognize, collect and/or transmit information about your visits to our Sites. This type of information includes such data as the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on our Websites (e.g., so-called 'clickstream' data) and other technological attributes about your visit to the Websites. This information is used to analyze trends, administer our Sites, track user movements on the Sites and elsewhere on the Internet, gather aggregate demographic information about visitors so we can continually improve our Sites, and for advertising purposes.

Cookies also allow our Sites to recognize your computer or device each time it is used to visit a particular Site, and can keep count of how often you return to such Site. Cookies can also track how you use our Sites, and your preferences for features and functions. For our Sites that have registration or similar features, cookies can also store information such as your user name and password so you don't have to re-enter them each time you return to visit.

You can disable or turn certain cookie features off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting certain cookies. You can also change your cookie settings via our Cookie Settings page. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of the Sites and it may also require you to re-enter certain information each time you visit or attempt to use the Sites.

C. Personal Information Collected
The term "Personal Information" refers to any information you provide in connection with your use of any of our Sites and from which, alone or in combination with other information, you can be identified. Personal Information may include such things as your name, street address, telephone number, date of birth, e-mail address and any other information which might reasonably be used to identify you. We obtain Personal Information from you when you submit it to us or provide it on one or more of our Sites that require it in order to allow you to register, subscribe or take advantage of certain features, functions, services, activities, promotions and content on our Sites ("Content"). You may also email us with a question or for more information and we will use your contact information (which includes Personal Information such as an email address) to help respond and for customer service purposes. We also may obtain Personal Information from third parties, for example, when somebody mentions Benjamin Moore on social media, we may collect other information they have made public for insight into their social interactions with our brand. Please note that you may not be able to fully use our Sites, or Content, if you choose not to provide your Personal Information when requested. We collect and process the following types of Personal Information:

1. Your name, your postal address, telephone number, email address or social media account ID. This Personal Information is collected when you create an account on our Sites, purchase a product on-line, over the telephone or in one of our stores, attend an event such as a trade show or training event, enter any promotion or competition, or communicate with us via any channel to ask us to send you information about our products or services.
2. Your username and password for our Sites. When making order on our Sites or over the telephone, we will create an account profile for you which is accessed by a username and password. Our employees have access to your username but your password is held on a secure server and is not visible to employees.
3. Information about your order history. We retain Personal Information about the products, colours, finishes and volumes that you have purchased. We do not retain any payment card details.
4. Personal information when you elect to receive text messages from us. When you sign up to receive text messages, we may send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our Sites and may prompt messaging such as cart abandonment messaging. To the extent you voluntarily opt to have text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.
5. Correscpondence between us. We retain electronic or physical copies of correspondence between us, be it via email, letters, telephone calls or messages on our various social media channels.
6. Personal Information about your project, home or business. In order to offer the best advice, we may sometimes ask for information relating to the project, your home or your business.
7. Product Reviews. When you submit a product review on our Sites, your review will appear alongside your name. No other personal details will be visible or made available.
8. Personal Information about how you use our Sites and social media platforms. When you navigate on our Sites or our social media pages, we use tracking software to understand how our Site and social media platforms are being used. Please see Section B for how we use cookie and other tracking technologies.
9. Employment Information. If you apply for employment, we will collect your employment and work history, as well as other Personal Information related to your potential employment. This may include your education and employment history, address and contact information, demographic information, and any other information included in your resume or application.

D. Advertisers, Co-sponsors and Links
Our Sites may contain or display information from (or permit the collection of information by) third party co-sponsors, advertisers, retailers, distributors, or others (each, a "Third Party Advertisers") that offer to make information, goods or services available, provide opportunities to participate in promotions or otherwise engage in activities that link or redirect your browser to other websites, materials or organizations. For example, we may permit Third Party Advertisers to display or serve advertising on our Sites. We and certain third party advertisers may use first-party cookies and third-party cookies together, and other automated technologies, and in some cases additional information to (i) inform, optimize, and serve ads based on past visits to our Sites or other factors and (ii) to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Sites or other factors. For example, our Sites may use cookie-related services provided by Google (such as Google Analytics Demographics and Interest Reporting, Remarketing with Google Analytics, and Google Display Network Impression Reporting). You may visit the Network Advertising Initiative's Consumer Opt-Out page or the Digital Advertising Alliance's Consumer Choice page to opt out of receiving tailored advertising based on your Internet browsing activities from companies that participate in those programs, or you may change your cookie consent preferences via our Cookie Settings page You should be aware that even if you encounter an advertisement, link or reference to a Third Party Advertiser’s website on one of our Sites and even if we have a relationship with the Third Party Advertiser, we do not control them, their websites or their policies and practices regarding use of their websites or any rules they have regarding the use of cookies or collection, use or disclosure of your information (including Personal Information). These are within their control and not ours and the terms and conditions, as well as the privacy policies that apply to these Third Party Advertisers and their websites are their responsibility, not ours.

E. Disclosure of Personal Information
We may also share Personal Information we collect with our service providers (“Operational Service Providers”) who perform services on our behalf including for the purpose of delivering advertising, marketing, administering, operating, configuring site design, maintaining and providing internal support for our Sites and Content on the Sites or performing other services for us or on our behalf. Note that any supplemental privacy notice that applies to your use of a particular Site may contain additional detail regarding disclosure practices specific to that Site, beyond what is described below. We request that our Operational Service Providers protect your privacy and not disclose your Personal Information to third party marketers that are not associated with our Sites, nor are they permitted to use your Personal Information for their own marketing, promotional, or other purposes. We may share Personal Information with other third parties involved in your transaction, such as relevant retailers and distributors, solely to the extent necessary to fulfil your transaction with us.

We may also make your Personal Information available to other third parties:

• if required by a governmental agency, law, regulation, a court or other legal process;
• if we believe you are violating, or have or may violate, any law, regulation, or our Terms and Conditions;
• if we believe you are or may be a threat to the safety, property, interests or rights of Benjamin Moore or others;
• in order to investigate, respond to or resolve problems or inquiries or defend our interests; and
• in the event of a merger, acquisition, change of control, joint venture or other business combination.

F. How Your Information Is Used
We may use your Personal Information for a number of business purposes, including: (a) for the specific purpose for which it was submitted (e.g., to receive communications by e-mail or fulfill customer requests); (b) to improve the Content, appearance and utility of our Sites and to tailor your experience on our Sites; (c) to trace our visitors' use of our Sites, (d) for research purposes; (e) to monitor compliance with our Terms and Conditions and otherwise protect our rights and property; (f) for marketing and other communications; and (g) for any other purpose described in this Privacy Notice or in any other supplemental privacy notice applicable to the relevant Sites.

G. Security
We maintain a reasonable standard of security and confidentiality and try to limit information access to individuals who need to have such access to perform their responsibilities associated with our Sites. The Internet, however, and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within our Sites. By using our Sites you are agreeing to assume this risk and any and all responsibility and liability that may arise.

H. Minors
We do not knowingly solicit Personal Information from or market to children under 13 years of age. If we learn that Personal Information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you are a parent or legal guardian and think your child has given us their Personal Information, please send an email to us at info@benjaminmoore.com.

I. International Transfers
If you are using the Sites from outside the United States, please be aware that your Personal Information will be transferred to, stored, and processed in the United States. Although we take steps to provide adequate safeguards, the data protection laws of the United States might not be as comprehensive as those in your country. We endeavor to apply suitable safeguards to protect the privacy and security of Personal Information transferred to us in the United States, and to use it only in a manner consistent with your relationship with us and the practices described in this Privacy Notice.

J. Retention
We retain your Personal Information only for so long as is necessary to fulfill the purposes for which your Personal Information was collected, unless a longer retention period is permitted or required by applicable law. If you are a California resident, please see Section L for additional information about how long we retain your Personal Information.

K. Do Not Track
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) 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 DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.

L. Additional Notice for California Residents
Subject to certain exceptions, California provides its residents with rights concerning their Personal Information, pursuant to the California Consumer Privacy Act of 2018 and its implementing regulations, as amended by the California Privacy Rights Act (the “CCPA”), where “Personal Information” has the definition set forth in the CCPA. This section describes (1) the categories of Personal Information collected and disclosed by us, subject to CCPA, (2) those privacy rights under CCPA, and how California residents may exercise them.

If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided in Section Q.

1. Categories of Personal Information Subject to California Privacy Rights
We have collected the following categories of Personal Information from our consumers within the 12 month period preceding the date this Privacy Notice was last updated:

The sources from which we obtain Personal Information are (i) directly from you; (ii) automatically through cookies and other tracking technologies; and (iii) from third parties; in each case as described and set forth in Sections B and C above.

We use Personal Information for the business and commercial purposes described in Section F above. We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

The categories of third parties to which we disclose Personal Information for a business or commercial purpose are described in Section E.

The categories of third parties to whom we sell or share personal information are summarized in the chart below.  We do not knowingly sell or share the Personal Information of minors under the age of 16.

We will retain your Personal Information for as long as we need it to provide you with our services. Because the length of your use of our services is not foreseeable, we cannot provide you with an exact timeframe for how long we retain your Personal Information. Criteria we will use to determine how long we will retain your Personal Information include whether: we need your Personal Information to provide you with services you have requested; we continue to have a relationship with you; you have requested information or services from us; we have a legal right or obligation to continue to retain your Personal Information; we have an obligation to a third party that involves your Personal Information; our retention or recordkeeping policies and obligations dictate that we retain your Personal Information; we have an interest in providing you with information about our services; and we have another business purpose for retaining your Personal Information.

2. Notice of Financial Incentive.
We may offer price discounts, coupons, services and other perks as part of our reward programs or loyalty schemes (collectively, “Offers”). To participate in these Offers, you may be asked to provide us with some Personal Information, such as name, address, email address, and phone number. The details of each Offer are described in the materials outlining that specific Offer.

While we do not assign a monetary value to the Personal Information that we collect, based on our reasonable estimate, the value received from the insights and the Offers is reasonably equal to or greater than the value we receive from the use of this Personal Information. We provide these Offers, among other things, to enhance our relationship with you and to gain insights and feedback about your use of our products and services in order to improve such products and services.

The value to our business of any individual consumer’s Personal Information is dependent on a number of factors, including: (1) the expenses associated with the Offer, including the provision or imposition of any financial incentive or price or service differences, such as our intellectual property, data analytics, and marketing operations; (2) the expenses related to the collection, retention and enhancement of such Personal Information; and (3) all other expenses reasonably related to the applicable Offer. We make the preceding good faith estimate only for California residents and for the limited purpose of complying with the CCPA.

There is no obligation to participate in our Offers, and you may opt out at any time by contacting us using the information above.

M. Additional Notice for Individuals in Mexico
This section of the Privacy Notice supplements the information in this Privacy Notice and applies to you if you are in Mexico. Benjamin Moore & Co. located at 101 Paragon Drive, Montvale, NJ 07645 United States is the controller of your Personal Information. We collect the types of Personal Information described in Sections B and C of this Privacy Notice, and use and disclose your Personal Information as described in Sections E and F. To exercise your rights under Mexican data protection law with respect to your Personal Information, please see Section N below.

N. Your Privacy Rights and How to Exercise Them
Depending on where you live, you may have the following rights with respect to your Personal Information under applicable data protection laws:

• Access – You may have the right to know what Personal Information we have collected about you and to access such data.
• Data portability – You may have the right to receive a copy of your information in a portable and readily usable format.
• Deletion – You may have the right to delete your Personal Information that we have obtained, subject to certain exceptions.
• Correction/Rectification – You may have the right to correct inaccuracies in your Personal Information.
• Opt out of certain processing – You may have the right to (a) opt out of the processing of your Personal Information for purposes of targeted advertising and (b) opt out of the sale or sharing of your Personal Information, as those terms are defined under applicable laws.

To opt out of marketing emails, please email us at info@benjaminmoore.com or by following the instructions included in the email or text correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law.

To exercise your privacy rights under applicable data protection law, please submit a request to us by one of the following methods:

• Complete our Privacy Web Form
• Calling us toll free at 1-855-724-6802
• E-mailing us at info@benjaminmoore.com

You will not be discriminated against in any way by virtue of your exercise of the rights listed in this Privacy Notice which means we will not deny goods or services to you, provide different prices or rates for goods or services to you, or provide a different level or quality of goods or services to you.

We must verify your identity before fulfilling your requests. If we cannot initially verify your identity, we may request additional information to complete the verification process. We will only use Personal Information provided in a request to verify the requestor’s identity. If you are an authorized agent making a request on behalf of a California consumer, we will also need to verify your identity, which may require proof of your written authorization or evidence of a power of attorney.

We endeavour to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. If you make the request by email, unless otherwise requested, we will assume that we can respond to the email address from which you made the request.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. 
We may deny certain requests, or only fulfill some in part, as permitted or required by law. For example, if you request to delete Personal Information, we may retain Personal Information that we need to retain for legal purposes. If you are not satisfied with the resolution of your request and you are afforded a right to appeal such decision, you will be notified of our appeal process in our response to your request.

O. Other California Privacy Rights

California Civil Code Section 1798.83 permits visitors to our Websites and Services who are California residents and who have an existing business relationship with us to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please send an email with the subject heading “California Privacy Rights” to us at info@benjaminmoore.com, or you may write to us at the address below.

P. European Union (EU) Residents
If you are in the EU or the UK, please see our GDPR Privacy Notice privacy notice for information about how your personal data is processed under EU or UK law.

Q. Contact Us
If you have any questions about this Privacy Notice, please complete our Privacy Web Form, or email us at info@benjaminmoore.com. You can also call us toll-free at 1-855-724-6802, or write to us via postal mail at:

Privacy Administrator
Benjamin Moore & Co.
101 Paragon Drive
Montvale, NJ 07645
USA