"There are no strangers here, just friends we haven't met" -Dave Karp, Founder
OUR POLICIES
Cole Hardware is in the business of selling stuff. Hardware, of course. Also, paint, pipe, pots, (cooking and plant), and much, much more. We don’t sell data, especially yours. We collect information necessary to run our business, and to serve you as best we can.
What kind of personal information do we keep?
Over the last 12 months, we have collected the following types of personal information, meaning information that can be used to identify you or your household:
Identifiers, such as your name, email address, mailing address, and phone number. We may collect this information when you reach out to us through our customer inquiry form, choose to share this information with a member of our Crew, or choose to sign up for our Rewards program and/or our e-mail promotions.
Internet and other electronic activity information, such as Internet Protocol (IP) address, the browser or device used to access the website and emails, the device operating system, information about our emails or other websites you visited that directed you to our website, and the pages on our website that you view. We may collect this information when you browse our website or read our emails. Commercial information, such as your name, and address information you share when you join our Rewards program. Where does Cole Hardware get your personal information? Generally, from you. When you sign up for our Rewards program and/or promotional emails, rent a tool or carpet cleaner or open an account with us. We also use select data collection technologies (like cookies) to collect the internet and other electronic activity information described above. How does Cole Hardware use your personal information? We use personal information to better serve our customers by: Communicating via email about our staff, products, environmental information, and stores. Responding to questions, requests, or concerns, and providing excellent customer service. Communicating via email about products, promotions, and pertinent consumer information. Complying with the legal obligations pertinent to our business. How does Cole Hardware disclose personal information? Over the last 12 months, in order to achieve the purposes listed above, we may have disclosed each category of your personal information listed above to the following recipients: To companies or individuals with whom we contract to receive services. These service providers help us maintain our databases, process your payments, gather analytics, and prepare and distribute our emails and U.S. mail promotions. We require that our service providers do not use or disclose your personal information for any reason other than the services they are providing to us and do not use or store your personal information for other purposes. To third parties when we believe it is necessary to comply with a legal obligation, or to enforce our legal rights. What are cookies and tracking technologies? When you interact on our website, we receive and store certain information in the form of Internet “cookies.” Cookies are stored on your hard drive in the form of a text file. They can help us understand how people use our website and provide targeted information about products and pricing. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. We don’t use cookies or other technologies to track your behavior before or after leaving our website. A couple additional things about our use of tracking technologies: Third Party Analytics. We use third parties, such as Google Analytics and Adobe Analytics, to evaluate usage of our website. We may also use other analytic means to evaluate and improve our website and your experience. These entities may use cookies and other tracking technologies to perform their services. What rights do you have over your information? Depending on where you live, you may have certain rights under applicable U.S. and state privacy laws with respect to the personal information we collect about you, including: Right to Know. You may have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, and the categories of third parties with whom we share your personal information. You may also have the right to obtain copies of the specific pieces of personal information we have collected about you. Right to Delete. You may have the right to request that we delete certain personal information we have about you, subject to certain exceptions. Right to Correct. You may have the right to request that we correct personal information we have about you that is inaccurate. You can email us at service@colehardware.com, send us a letter at 70 4th Street, San Francisco, CA 94103, or call us at 415-647-8760 to exercise the rights above. When you make a request to access or delete your information, we must verify your identity to safeguard your personal information. We will ask for your name, e-mail address, and/or phone number to match against any information in our systems. You can also submit requests through an agent that you have authorized in writing to act on your behalf. Your agent will need your written and signed permission that they are authorized to act on your behalf. As explained above, your agent will also need to provide information verifying your and their identity. We will still need to contact you directly to verify your identity and the request, or if any other information may be needed. What about links to third-party websites? Our website sometimes provides links to websites operated solely by third parties that are not under our control. This Privacy Policy does not apply to the practices of such third-party websites – your access and use of those third party websites is covered by the privacy policies of those third parties. Do we update or make changes to our Privacy Policy? In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information. Contact Us If you have any questions and/or comments about our Privacy Policy, customer service, staff, products or anything else, please feel free to contact us using one of the following methods: Cole Hardware, 70 4th Street, San Francisco, CA 94103 Email: service@colehardware.com Phone: 415-647-8760 For California residents: The legal stuff California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided above.. If you are under 18 years of age, reside in California, you have the right to request removal of unwanted data that you publicly post on our website or others. To request removal of such data, please contact us using the contact information provided above and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed or shared, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.). CCPA/CPRA Privacy Notice This section applies only to California residents. Under the California Consumer Privacy Act of 2018(“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), you have the rights listed below. The California Code of Regulations defines "residents" as: (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information. Your rights with respect to your personal data Right to access You have the right to access the personal information which we may collect or retain about you. If requested, we shall provide you with a copy of your personal information which we collect as permitted by the CCPA/CPRA. You also have the right to receive your personal information in a structured and commonly used format so that it can be transferred to another entity. Right to request deletion of the data — Request to delete You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities. Right to be informed — Request to know Depending on the circumstances, you have a right to know: whether we collect and use your personal information; the categories of personal information that we collect; the purposes for which the collected personal information is used; whether we sell or share personal information to third parties; the categories of personal information that we sold, shared, or disclosed for a business purpose; the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose; the business or commercial purpose for collecting, selling, or sharing personal information; and the specific pieces of personal information we collected about you. (As stated above, we do not sell your personal information to anyone.) In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights We will not discriminate against you if you exercise your privacy rights. Right to Limit Use and Disclosure of Sensitive Personal Information You have the right to limit how your sensitive personal information is disclosed or shared with third parties, as defined in the CCPA/CPRA. Right to Deletion In certain circumstances, you have the right to request the erasure of your personal information. Upon verifying the validity of a deletion request, we will delete your personal information from our records, and instruct any service providers or third parties to delete your information, when applicable. Verification process Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you. Other privacy rights You may object to the processing of your personal information. You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information. You can designate an authorized agent to make a request under the CCPA/CPRA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA/CPRA. You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission. Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply. To exercise these rights, you can contact us by email at service@colehardware.com, or by referring to the contact information above. Terms of Use Welcome to our website. By accessing our website or our social media communities, you are consenting to the following terms of use and all corresponding legal "stuff" that goes along with it. By accessing or using our website, and emails, you agree to follow and be bound by these terms. Cole Hardware’s online communities information exchange During your use of the Cole Hardware website or our other online and email vehicles, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy. The Material posted by Cole Hardware is the property of Cole Hardware. In other words: All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Cole Hardware (or to another party that has licensed their material to Cole Hardware) and is protected by United States and international copyright laws. Cole Hardware also maintains all rights, title and interest to the content it posts on its other online communities, such as Instagram. Please Respect the Material on our website and social media communities: You may not reproduce, redistribute or otherwise use any materials without the express written consent of Cole Hardware. Cole Hardware trademarks may not be used in connection with any product or service that is not Cole Hardware’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Cole Hardware. The Material Included On Cole Hardware’s website and within our social media communities may be used for personal, informational and shopping purposes only: You agree to indemnify, defend and hold harmless Cole Hardware for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Cole Hardware and that in the event of an unauthorized use, Cole Hardware shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below. To the extent that Cole Hardware believes that you have violated its intellectual property rights, Cole Hardware may seek injunctive or other appropriate relief in any federal or state court. Limitations on Use Cole Hardware grants you a non-exclusive, non-transferable, limited license to view this website and the material posted on its social media communities, and to download and/or print portions of materials retrieved (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of colehardware.com, or the content posted by Cole Hardware on our social media communities, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Cole Hardware. Disclaimer and Limit on Liability Cole Hardware will do its best to bring you uninterrupted, functional use of website and social media communities: We do not guarantee that the functions contained on Cole Hardware’s website and within our social media communities will be uninterrupted or error-free, or that our social media communities or their servers will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them. Cole Hardware disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from Cole Hardware’s website and social media communities, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in Cole Hardware’s website and social media communities; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of Cole Hardware’s website and social media communities (5) your use of Cole Hardware’s website and social media communities; or (6) your use of any equipment or software in connection with Cole Hardware’s website and social media communities. Third Party Websites As a convenience, our online communities may include links to third party websites or material which are beyond its control. Cole Hardware is not responsible for content on other websites outside of our online communities. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and Cole Hardware disclaims all liability in connection with your use of a linked website. Changes in Our Terms of Use We are always improving and updating our online communities to further enhance your experience. As a result, our policies will continue to evolve. Cole Hardware reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use. Disputes and Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS, including JAMS’s Mass Arbitration Procedures and Guidelines, as applicable. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in the Bay Area, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. For the sake of clarity, nothing in this paragraph shall affect Cole Hardware’s ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to Cole Hardware’s website and social media communities must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. Children Parents should always supervise their children while online. Cole Hardware’s website and social media communities are not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on our online communities.
