EFFECTIVE DATE: October 19, 2016
Welcome! DS Services of America, Inc. and its affiliates are a national direct-to-consumer provider of bottled water, office coffee and water filtration services via a full portfolio of great American brands, such as Alhambra®, Deep Rock®, Belmont Springs®, Crystal Springs®, Hinckley Springs®, Kentwood Springs®, Mount Olympus®, Sparkletts®, Sparkletts® Sparkling Water, Sierra Springs®, Athena® water, Nursery® water, Standard Coffee®, Javarama® and Relyant®. We also produce and distribute bottles of various sizes and shapes through our PolyCycle Solutions™ brand. DS Services of America, Inc., its brands and affiliates are collectively referred to in this privacy statement as “DS Services“, “we“, “us” or “our“. This privacy statement is intended to help you understand what information we collect, how we use it, what choices you have and other important information. Although some of the concepts are technical in some cases, we tried our best to explain things in a straightforward and transparent way. If you have any questions or comments about this privacy statement or the ways in which DS Services uses the information it collects, please do not hesitate to contact us using the information provided in the “CONTACT US” section at the bottom of this privacy statement.
Scope of our Privacy Statement
WHEN THIS PRIVACY STATEMENT APPLIES
This privacy statement applies to information collected through:
- Water.com and any other websites, mobile apps or other online products and services that display or link to this privacy statement (collectively, “online environments“); and
- Offline services, including our customer care center and door-to-door sales activities (collectively, “offline environments“).
This privacy statement also applies to our use of information shared with us by other sources for our own purposes. No matter how we obtain the information referenced above, this privacy statement only applies to information collected from or relating to consumers or prospective consumers. For purposes of this privacy statement,” consumers” are individuals who seek or acquire our products and services, or access our online environments, for personal, family, or household purposes.
WHEN THIS PRIVACY STATEMENT DOES NOT APPLY
This privacy statement does not apply to:
- Websites, mobile apps or other products and services that have their own privacy statement or policy;
- Websites, mobile apps or other products and services that do not display or link to this privacy statement;
- Information collected from and relating to retail customers, distributors or other business partners – in other words, not consumers; and
- Information collected for employment-related or business-to-business related purposes.
If you have any questions as to whether this privacy statement applies to you, please do not hesitate to contact us using the information provided in the “CONTACT US” section at the bottom of this privacy statement.
Information We Collect
We collect information in a few different ways: (i) information you submit or give us permission to obtain; (ii) technical information collected automatically; and (iii) information provided by our partners. Each of these ways is discussed below.
INFORMATION YOU SUBMIT OR GIVE US PERMISSION TO OBTAIN
We collect information from you when you choose to provide it to us through our online or offline environments. For example, if you:
- Order our products and services or create an account with us, you may provide us with information such as your name, postal address, email address, payment information, what you ordered and any other information you choose to provide;
- Request support or customer service or submit an inquiry, you may provide us with information such as your name, contact information, the subject of your inquiry, service and account information, message content and any other information you choose to provide;
- Sign up to receive information about our products and services, you may provide us with information such as your name, contact information, the product or service you are interested in and any other information you choose to provide;
- Respond to surveys or participate in contests or other promotions, you may provide us with your survey responses, contact information and any other information required to complete the survey or participate in the contest or other promotion; or
- Post information to message boards or discussion forums accessible through our online environments, you provide us with any information you choose to post.
We also collect information from you when you give us permission to access it. For example:
- If you access our online environments through your mobile device (for example, via a mobile app or your device’s browser), you may give us access to location data.
- If any of our online environments allow you to login to an account with us using your Facebook, Twitter or other social media account (collectively, “social media accounts“), you may give us permission to access information in those social media accounts (like your birthday, email address, friends or contacts). The information we get from these social media accounts depends on your settings or the privacy statements or policies applicable to these accounts, so be sure to check them. Any information that you allow us to get from your social media accounts will be subject to this privacy statement.
TECHNICAL INFORMATION COLLECTED AUTOMATICALLY
- Log Data. When you use our online environments, our servers automatically record information (“log data“), including information that your browser or mobile app sends whenever you visit or use our online environments. This log data may include your Internet Protocol address, the address of the web pages you visited that had DS Services features, browser type and settings, the date and time of your request, how you used our online environments and cookie data;
- Device Information. In addition to log data, we may also collect information about the device you are using to access our online environments, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you are using and its settings. For example, different types of information are available depending on whether you are using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
INFORMATION PROVIDED BY OUR PARTNERS
Our advertising vendors and other partners may share with us the information they collect. For example:
- Our advertising vendors may share information with us regarding our ads on websites or apps where such ads run to measure and improve those ads, including information like whether clicks on ads led to purchases or a list of criteria to use in targeting ads.
- We may obtain information from our other partners, such as co-sponsors who we may occasionally partner with to run special contests or other co-branded promotions.
- We may obtain information from other commercially available sources such as data aggregators, marketing firms and public databases, to provide us with additional information about our existing consumers (this is known as “data appending“). This information may include name, demographic information, contact information, interests, and publicly-observed data, such as from social media and shopping behavior.
- We may receive information about consumers when we acquire part or all of other companies.
We may also combine the information we collect through one or more of our online environments with information we collect through other online environments. We may also combine information collected through our online environments with information collected through our offline environments, as well as with information provided by our partners. We use this consolidated information to help us improve our online environments, products and services, communicate information to you, enhance our marketing and research activities and engage in any other uses described in the “HOW WE USE THE INFORMATION WE COLLECT” section below.
How We Use the Information We Collect
We use the information we collect to provide our products and services to you, improve our products and services, develop new products and services and protect ourselves and our consumers. If you make a purchase through our online or offline environments and authorize us to use your credit or debit card information, we will use this information to charge you as authorized. In these situations, we may also save your payment information and contact information so that you can use them the next time you want to order something from us. If you register or open an account with us, the information we collect may be used to maintain your account, provide you with access to some features of our online environments or offer you the benefits and privileges that typically come along with account registration. This may include purchasing products or services, use of exclusive or personalized content or activities (such as message boards) and participation in special events and promotions (contests, sweepstakes, coupons, etc.). We also use the information we collect for other legitimate business purposes, such as to:
- Send you advertisements, notices and other information regarding our products and services, including notifying you about special promotions;
- Respond to your inquiries or support requests;
- Invite you to participate in surveys regarding our products or services;
- Determine your eligibility for, and to register you in, our contests and other promotions, fulfill and deliver prizes and contact you regarding such contests or other promotions;
- Furnish and maintain our online environments; and
- Secure our networks and online environments.
We may also use the information we collect to offer you customized content, including to:
- Recognize new or past visitors to our online environments;
- Remember your personal preferences;
- Show you more relevant and meaningful advertisements;
- Better understand the interests of our consumers and visitors to our online environments; and
- Conduct research and analyze the use of our online environments, products, services and advertisements.
Some of our applications and mobile-optimized online environments may have location-based features. To deliver these features, we may access and use location data provided by your mobile device. For example, we may offer shopping features that allow you to get information about local merchants. Location information will be collected solely to deliver the requested feature, and it will not be further retained or stored by us. From time to time, we may be approached by reputable third party companies and organizations that provide products or services that we believe may be of interest to you. To extend these products or services to you, we may use your information to send out notices on their behalf. We see this as a value-added service helping you find other useful products or services.
We use common tools, such as cookies and similar technologies (discussed in the “TECHNICAL INFORMATION COLLECTED AUTOMATICALLY” section above), to collect information about consumers’ use of our online environments for purposes of enhancing their online experience and delivering more meaningful advertisements. Like many companies, we may also utilize third party advertising vendors and other partners to collect this information. One way in which we deliver more meaningful advertisements is through a common form of online advertising known as “retargeting” or “remarketing.” Retargeting works by serving ads on one site based on consumer’s online activities on a different site. For example, if you visit pages on our online environments relating to Hinckley Springs® products, you may later see advertisements for Hinckley Springs® products when you visit third party websites. To do this, DS Services or our advertising vendors may use a device ID, cookie or similar technology placed by us or the advertising vendor when you visit our online environments or third party websites or apps. The placing of these cookies or other technologies on your device may enable you to be identified across multiple websites and you should consult the privacy policies of our advertising vendors to understand how they collect and use your data. Your ability to control the use of tracking tools, such as cookies, and opt-out of retargeting activities is described in the “CHOICES YOU HAVE ABOUT YOUR INFORMATION” section below. In addition, we may also extract an email address provided by you in a partially-completed online form for purposes of sending you advertisements relating to our products and services. For example, if you begin to order a Deep Rock® product through an online environment and input your email address during the check-out process, but do not complete the order, we may extract the email address provided and use it to send you information regarding Deep Rock® products and services.
When We Share Your Information & Our Relationship to Third Parties
We may use third parties to perform a variety of functions on our behalf and we may provide some co-branded services in partnership with others. We may also use third parties to analyze data collected through our online environments. If we allow a third party vendor to have access to your personally identifying information, we will not authorize them to take it or use it for any purpose that is not consistent with this privacy statement.
- Cookies and Similar Technologies. As discussed above, we may partner with third party advertising vendors to manage our advertising on other websites and apps. Our advertising vendors may use a device ID, cookie or similar technology to collect information about your activities on our online environments to provide you retargeted ads on other websites and apps. If you do not want this information used for the purpose of serving you retargeted ads, you can opt out here or here. Please note that opting out of receiving retargeted ads will not prevent you from being served advertisements generally.
- Vendors and Suppliers. We have relationships with different vendors and suppliers who help us design and maintain our online environments, systems and computer security, respond to consumer inquiries, fulfill orders, analyze our data, create special promotions and engage in any other information uses described in this privacy statement.
- Co-Branding and Co-Marketing. We may partner with other companies to provide you with products, services or content on a joint or “co-branded” basis. If we offer co-branded products, services or content, you will see both our logo and the logo of the co-branded partner. As part of accessing or using our co-branded products, services or content, we will collect information from you (see the “Information We Collect” section above for an explanation of the information we may collect) which information may be shared with our co-branded partners and used by them to market their products, services or content to you or to provide customer service to you. You should read the individual privacy statements of our co-branded partners, as these may differ in some respects from ours. Reading these statements will help you to make an informed decision about whether to provide your information. Remember, you can always opt-out of sharing your information with a co-branded partner by choosing not to use the product, service or content provided by us and the co-branded partner.
- Legal Requests and Preventing Harm. If we believe that disclosure of information is required by law or in response to a legal request; to protect the safety, rights, or property of the public, any person, or DS Services; or to detect, prevent, or otherwise address fraud, security or technical issues.
- Change of Ownership or Control. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this privacy statement.
OTHER IMPORTANT INFORMATION ABOUT OUR RELATIONSHIP WITH THIRD PARTIES
- Social Media Plugins. Our online environments may use social media plugins (for example, the Facebook “Like” button or “Share to Twitter” button) to enable you to easily share information with others. When you visit our online environments, the operator of the social plugin can place a cookie on your device, enabling that operator to recognize individuals who have previously visited our online environments. If you are logged into the social media website (for example, Facebook, Twitter, Google+) while browsing on our online environments, the social plugins allow that social media website to receive information that you have visited our online environments. The social plugins also allow the social media website to share information about your activities on our online environments with other users of their social media website. For example, Facebook Social Plugins allow Facebook to show your “Likes” and comments on our online environments to your Facebook friends. Facebook Social Plugins also allow you to see your friends’ Facebook activity on our online environments. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.
Choices You Have About Your Information
You may always limit the amount and type of information that we collect from you by choosing not to enter or provide any information requested from you on our online and offline environments (for example, offline and online order forms, support requests and requests made by our call center agents). However, some of our products and services can only be provided to you if you provide us with requested information. Some of the products and services offered through our online and offline environments may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional products and services that may be of interest to you. You can opt out of marketing emails we may send to you by following the “unsubscribe” instructions provided in such emails. If you opt out of our marketing emails, we may still send you transactional and relationship emails, such as emails about your orders and account. You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want our online environments to use tracking technologies, such as cookies, to “remember” the information collected on return visits, such as user IDs or mailing addresses; however, the tracking technologies used to collect unidentifiable information generally do not provide you with the ability to opt out of the tracking technologies. In addition, you may be able to control the use of tracking tools and limit retargeting activities as follows:
- Controlling Tracking Tools. Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. For more information about cookies and how to refuse them, visit here and here. To control flash cookies, which we may use on certain online environments from time to time, you can go here (note, this separate link is provided because flash cookies cannot be controlled through your browser settings).
- Opting-Out of Retargeting Activities. The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes and receiving behavioral advertisements from our advertising partners, including retargeting advertisements, click here or here. Choices you make are both browser and device-specific. Also, certain versions of the iOS operating system permit you to “Limit Ad Tracking” in the system settings, and certain versions of the Android operating system allow you to “Opt out of Interest-Based Ads” in the system settings.
DO-NOT-TRACK SIGNALS AND SIMILAR MECHANISMS
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. As of the Effective Date of this privacy statement, an industry standard has not yet been established on how to respond to these signals. Therefore, we do not currently respond to these signals, but we may reassess our response approach once a standard is established.
How You Can Access and Correct Your Information
You can access, change or remove certain information previously provided to us upon request by contacting our Customer Care team using the information provided in the “CONTACT US” section at the bottom of this privacy statement. For record keeping and compliance purposes, we will retain certain information collected from you.
How We Secure Your Information
We have instituted physical, technical and procedural safeguards to store and maintain information we collect in a secure environment. You may also be required to use a password to access certain pages on our online environments where certain types of your information can be changed or deleted. It is therefore important for you to protect against unauthorized access to your password and to your device. You take full responsibility for maintaining the complexity and confidentiality of your password. While we have implemented safeguards, you should be aware that absolute security under all circumstances is not possible. You should also be aware that Internet security technology rapidly changes and we cannot guarantee that the safeguards we employ today can protect your information from the threats of tomorrow.
Message Boards and Discussion Forums
Some of our online environments may allow you to share comments or other information. Any information that you may disclose through message boards, discussion forums, blogs or on other public areas on our online environments becomes public information.
Our Policy on Children’s Information
We do not knowingly collect or use any information from children (we define “children” as minors younger than 13) on our online or offline environments. We do not knowingly allow children to order our products or services, communicate with us or use any of our online environments. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.
Your California Policy Rights
Information collected from you may be shared among and between the DS Services brands and affiliates, many of which do not share the DS Services name, for their own direct marketing purposes. If you would like to learn more about the types of information we share and who we share it with, please do not hesitate to contact us using the information provided in the “Contact Us” section at the bottom of this privacy statement.
Our online and offline environments are designed for and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. While users from countries other than the U.S. may access our online and offline environments, we make no representation that such environments are operated in accordance with the laws or regulations of, or governed by, other nations. Please be aware that by accessing our online and offline environments, or providing us with information, you understand and agree that:
- Information collected from you may be transferred to and stored on servers located outside your jurisdiction;
- To the extent you are a resident of a country other than the United States, you consent to the transfer of such information to the United States for our use in accordance with this privacy statement; and
- This privacy statement, and the collection and use of information pursuant to this privacy statement, shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.
Providing us with information or continuing to use our online or offline environments indicates that you are agreeing to the collection, use, disclosure, management and storage of information collected from you as described in this privacy statement.
Changes to This Privacy Statement
We reserve the right to amend this privacy statement without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If we change our privacy practices, a new privacy statement will reflect those changes and the effective date of the revised privacy statement will be set forth at the top of this privacy statement.
If you have any questions or comments about this privacy statement or the ways in which we use information subject to this statement, please do not hesitate to contact us by: